IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 MACA.No. 2069 of 2005(C) ------------------------------- OPMV.1413/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/CLAIMANT ----------------------------- INDIRA.E, D/O.BALAN, ERAKKAL HOUSE, CHELOD, MANNATHIPOYIL POST, MALAPPURAM. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS/RESPONDENTS: ------------------------------------- 1. FAISAL, S/O.ALAVIKUTTY, MALAPPURAVAN HOUSE, PALLIPPADI, POOKOTTUMPADAM POST, MALAPPURAM. 2. MANOJ JOHN, S/O.JOHN, THALANAYIL HOUSE, POOKOTTUMPADAM POST, MALAPPURAM. 3. M/S.THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, JASEELA COMPLEX, NILAMBUR ROAD, MALAPPURAM. BY ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2069 OF 2005 = = = = = = = = = = = = = = = Dated this the 7th 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)1413/01. The claimant, a 24 year old labourer sustained comminuted fracture on the intercondylar eminence. He had sustained 4% disability. The Tribunal fixed her income at Rs.1,250/- per month and calculated the compensation. The Tribunal has not awarded any compensation for loss of amenities and loss of actual earnings. It has only taken the notional income which was fixed in 1994. Therefore, I have no hesitation to take the income at least at the rate of Rs.1,500/- per month. On account of the fracture he would not have been in a position to do any work for three months. For that I award Rs.4,500/- under loss of earnings. Similarly, when the income is taken at Rs.18,000/- per annum and the disability compensation is worked out, additional compensation would come to Rs.2,040/- which I M.A.C.A. 2069 OF 2005 -:2:- round as Rs.2,000/-. Similarly, nothing has been granted towards loss of amenities and enjoyment in life especially for a 24 year old lady. Therefore, I grant Rs.3,000/- also under that head. So the claimant will be entitled to an additional compensation of Rs.9,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.9,500/- 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/-