IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 MACA.No. 1602 of 2006(C) ------------------------------------- O.P(MV).NO.1482/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI. .................... APPELLANT/PETITIONER: -------------------------------------- PANKAJAM, W/O.VASUDEVAN, AGED 50 YEARS, PONATT LAXMI NIVAS, P.O.PULIKKAL, MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN. RESPONDENTS: ----------------------- 1. ABDUL SALAM, S/O.HYDRU, MADAMKUZHIYIL HOUSE, KODANGAD, NEDIYIRUPPU, MALAPPURAM DISTRICT (DRIVER). 2. MOHAMMED, S/O.MOOSAKUTTY, KALATHODIYIL HOUSE, KUMMINIPARAMBA, KONDOTTY (PO) MALAPPURAM DIST. (OWNER). 3. THE NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, KORAMBAYIL ARCADE, MANJERI. ADV. SRI.M.A.GEORGE FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.1602 OF 2006 ===================== Dated this the 20th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)No.1482 of 2001. The claimant, a 45 year old lady and a coolie by profession, sustained injuries in a road accident. It is revealed that she had fracture of the left clavicle and her disability was assessed at 2%. She was treated in the hospital as an inpatient for 2 days. The Tribunal awarded a total compensation of Rs.14,012/-. It is against that decision, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the learned counsel for the insurance company. The Tribunal has not awarded any amount towards actual loss of earning. Certainly on account of the fracture of the clavicle, she would not have been in a position to do any work for a period of 4 to 6 weeks. Therefore, I award her an amount of Rs.2,000/- towards actual loss of earning. The income taken is only a notional income of Rs.15,000/-, which was fixed in 1994. I, therefore, fix it at Rs.1,500/- per mensem and when the compensation is worked out, the claimant is entitled MACA 1602/2006 -:2:- to an additional amount of Rs.900/- under that head. A 45 year old lady had sustained fracture of the left clavicle and she is also a house wife, certainly this would have caused her handicap in her day-to-day life. I award Rs.4,000/- under that head. Therefore the claimant is entitled to an additional compensation of Rs.6,900/- which I round as Rs.7,000/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,000/- with 6% interest on the said sum from the date of petition till realisation excluding the period of 383 days of delay caused in filing the appeal. M.N.KRISHNAN, JUDGE Cdp/-