IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 MACA.No. 1141 of 2007() ----------------------- (OPMV.1806/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY) APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- M.A.ABDUL KAREEM, S/O.MOHD.LUBBA, PUTHALATH VEEDU, PUTHALATH AMSOM, KOLAYAD P.O., KANNUR DISTRICT. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENT(S): RESPONDENTS -------------------------- 1. R.SURENDRAN, S/O.KUNHIRAMAN, ERUVATTY AMSOM, OYIKKARA DESOM, THALASSERY TALUK, KANNUR DISTRICT. DRIVER OF THE VEHICLE NO.KL 13 4725. 2. K.P.UMANATH, S/O ANANTHAN, PONNAMBATH HOUSE, P.O.KOTTAYAM POYIL, TELLICHERRY, OWNER OF VEHICLE NO.KL 13 4725. 3. UNITED INDIA INSURANCE COMPANY LTD., THALASSERY. 4. K.AJAYAN, S/O MANI, KOONAMMUTIKKAL HOUSE, MANATHANA AMSOM, THUNDIYIL DESOM, THALASSERY TALUK, DRIVER OF JEEP NO.KL 11D 2235. 5. K.P.SAKEER, S/O.ABDULLA, PUTHIYA PURAYIL HOUSE, P.O.KOLAYAD, THALASSERY TALUK. OWNER OF JEEP NO.KL 11D 2235. 6. NEW INDIA INSURANCE CO.LTD., ARISTO COMPLEX, MAHE. ADV. SRI.RENIL ANTO KANDAMKULATHY FOR R6 SMT.P.K.SANTHAMMA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1141 of 2007 .................................................................... Dated this the 30th day of January, 2009. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. Even though counsel for the appellant contended that appellant had suffered fracture of several ribs and dislocation of sterno-clavicular joint, the injuries have not left any permanent disability in him. However, appellant will be entitled to compensation for loss of earning for atleast three months. Being a fish vendor, appellant's income should be fixed atleast at Rs.2,500/- per month. Consequently appellant will be entitled to total additional compensation of Rs.5,500/-. Reasonable compensation is seen granted under all other heads. Additional compensation granted by us will 2 carry interest at 7.5% p.a. from date of application till date of payment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms