IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 MACA.No. 1176 of 2006() ----------------------- OPMV.773/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ------------------------------------- VADAKKEPURATH SAIDALAVI, S/O.AHAMMEDKUTTY, AGED 68 YEARS, NEDUMPARAMB HOUSE, MUNNIYOOR SOUTH.P.O, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT/3rd RESPONDENT: ----------------------------------------------- UNITED INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, MANJERI. BY ADV. SRI.J.MATHAPPAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1176 OF 2006 --------------------- Dated this the 22nd day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 773/01. The claimant, a labourer aged 63 years, sustained injuries in a road accident. He had a fracture of the shaft of the humerus left, laceration over proximal forearm, radial nerve palsy. He was treated as inpatient in the hospital for 28 days. The Medical Board issued a disability certificate of 5%. The Tribunal awarded a compensation of Rs.57,913/-. 2. Out of the total compensation, Rs.41,000/-represents the treatment expenses. Being a labourer, he would not have been in a position to do any work atleast for a period of three months. At the rate of Rs.1,250/- I award him Rs.3,750/- towards loss of earning. Similarly a 63 year old man who had sustained fracture of the humerus coupled with nerve palsy would have suffered loss of amenities and enjoyment in life. I award him Rs.5,000/- under that head. On all other heads, the Tribunal has awarded a just and MACA No.1176/06 2 reasonable compensation. So the claimant will be entitled to an additional compensation of Rs.8,750/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,750/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.1176/06 3