IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 MACA.No. 1244 of 2010() ----------------------- OPMV.972/2000 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT(S): PETITIONER: --------------------------------------------- SOMAN.P.K., S/O.KUNJUKUNJU, KOCHUMODIYIL PUTHIYA VEEDU, PENNUKKARA SOUTH MURI, ALA VILLAGE, P.O.PENNUKKARA. BY ADV. SRI.S.MOHANAN RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. M.K.VIJAYAN, S/O.KUTTY, NADAYIL VADAKKATHIL, KOCHUKULANJI MURI, KOCHUKULANJI.P.O, ALA VILLAGE - 689 126. 2. NATIONAL INSURANCE CO.LTD., KAYAMKULAM BRANCH, REPRESENTED BY THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO.LTD., KAYAMKULAM DIVISION, P.O.KAYAMKULAM - 690 502. R2 BY ADV. SMT.SARAH SALVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. ----------------------------------------- M.A.C.A NO. 1244 OF 2010 ---------------------------------------- Dated this the 27th day of September, 2010. JUDGMENT This is an appeal preferred against award of the Motor Accidents Claims Tribunal, Mavelikara in O.P.(MV) No. 972 of 2000. The claimant a 32 year old man a labourer by profession sustained injuries in a road accident and Tribunal has awarded compensation of Rs.24,000/-. Dissatisfied with the same the claimant has come up in appeal. The nature of injuries sustained are a lacerated injury on the right parietal area 10 cm x 0.05cm, fracture humerus right, and suspected head injury. He was treated as an inpatient for the period from 28.03.1998 to 04.04.1998. The Tribunal took his income at Rs.1,500/-per month and awarded 4 months loss of earning. Considering the age and work done it has to be taken Rs.2,000/-. When it is so claimant will be entitled to additional compensation of Rs.2,000/- under that head. It is allowed. It is true that no disability certificate is produced but for a labourer a fracture on the right humerus will affect the working capacity is at least for a temporary period and he would also be deprived of his enjoyment especially the M.A.C.A NO. 1244 OF 2010 2 fracture being on the right hand. So I increase compensation for loss of amenities and enjoyment by Rs.3,000/-. Thus making an additional compensation of Rs.5,000/-. In the result, MACA is partly allowed and claimant is awarded additional compensation of Rs.5000/- with 7.5 % interest on the said sum from the date of petition till realisation and the respondent insurance Company is directed to deposit the said amount within a period of 60 days from the date of receipt of copy of this judgment. M.N.KRISHNAN, JUDGE. mns