IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 MACA.No. 1006 of 2006() ---------------------------------- OPMV.823 OF 2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- SAIDALAVI N.V., S/O. MOHAMMED N.V., POOLANKUNDIL HOUSE, VELLERI, CHEMMARAKKATTOOR P.O. ARECODE VIA., MALAPPURAM DISTRICT. BY ADV. SRI.K.P.MUJEEB RESPONDENTS: ----------------------- 1. K.P. MOHAMMED SHERIF, S/O. UNNEN HAJI, PARAKKAT HOUSE, P.O. UGRAPURAM, ARECODE VIA., MALAPPURAM DISTRICT. 2. NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, VARIKKODAN BUILDING, NILAMBUR ROAD, MANJERI. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1006 OF 2006 = = = = = = = = = = = = = = = Dated this the 11th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri, in O.P.(MV)823/02. The claimant was aged 30 years and while he was travelling in a motorcycle as a pillion rider an auto rickshaw came from the opposite direction and hit on it resulting in injuries to him. The 2nd respondent in his written statement has admitted the coverage. It can be seen that the claimant had suffered a fracture on the right parietal bone, on the left clavicle and lacerated wounds on the parietal region and on the scalp. The Tribunal has awarded a total compensation of Rs.14,071/- and dissatisfied with the same the claimant has come in appeal. 2. I find that absolutely no amount has been granted towards actual loss of earnings and nothing is seen granted for the temporary disability, loss of amenities and enjoyment in life. Being a 30 year old man and the accident being in M.A.C.A. 1006 OF 2006 -:2:- 2000 it is correct to fix the income at Rs.2,000/- per month and I award Rs.4,000/- towards actual loss of earnings. For the temporary disability and loss of amenities and enjoyment in life I grant Rs.6,000/- for the reason that the man had sustained a fracture on the parietal bone coupled with the fracture on the clavicle. Thus the claimant will be entitled to an additional compensation of Rs.10,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-