IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 MACA.No. 2021 of 2005() ----------------------- OPMV.947/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- ASHRAF, S/O. MOHAMMED & RAPPY, 26 YEARS, KADAKALATHIL HOUSE, P.O. MATTARAKKAL. BY ADV. SRI.BINDU SREEKUMAR RESPONDENT(S): --------------- 1. KALATHINGAL ANIL ANTONY, S/O. ANTONY, MATTARAKKAL P.O. (DRIVER) PERINTHALMANNA. 2. P.K. KUNHI POCKER, S/O. RAYAN, PALAPURA KOLLOTH HOUSE, P.O. PANG, (OWNER) 3. UNITED INDIA INSURANCE CO.LTD., PERINTHALMANNA. ADV. SRI.C.M.KAMMAPPU FOR R1 SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. ```````````````````````````````````````````````````` M.A.C.A. No. 2021 OF 2005 B ```````````````````````````````````````````````````` Dated this the 22nd day of June, 2009 J U D G M E N T Joseph, J. Appellant is the claimant in OP(MV) No.947/2000. This petition was filed under section 166 of the Motor Vehicles Act. It was tried along with certain other petitions. A common award is passed. As per the award in the appellant's case, the appellant is granted a sum of Rs.42,202/-. This is against the claim for Rs.1,20,750/-. The appeal is filed feeling aggrieved by the quantum. 2. We heard learned counsel for the appellant and learned counsel for the Insurance Company. In this case, an amount of Rs.500/- is granted towards transport and Rs.31,000/- is granted towards medical expenses against the claim for Rs.40,000/-. For extra nourishment and bystander's expenses Rs.700/- is granted as against the claim for Rs.2,000/-. An amount of Rs.10,000/- is granted towards pain and suffering. Learned counsel for the appellant would submit that no amount is MACA.2021/05 : 2 : granted towards loss of earning. The appellant is a driver by profession, she contends. She would submit that the appellant could not work for a period of six months and compensation should have been granted towards loss of earning. She further contends that the appellant suffered injury to the frontal bone and he suffers from headache. Learned counsel for the Insurance Company points out that apart from producing the wound certificate and medical bills, there is no disability certificate produced. There is no evidence warranting the grant of any payment towards disability, it is submitted. 3. We think that the income of the appellant can be taken as Rs.2,000/-. The accident took place in the year 2000. The appellant is a driver. We fix the income as Rs.2,000/-. Accordingly, we award a sum of Rs.6,000/- on the basis that the appellant would have been lost his earning for three months. We also take note of the fact that there is head injury. There is a fracture to the frontal bone. We find that absolutely no amount has been granted towards loss of amenities. We award Rs.6,000/- towards loss of amenities. Accordingly, the appeal is MACA.2021/05 : 3 : partly allowed and the appellant is allowed to realise Rs.12,000/- more with interest at 7.5% from the date of the petition till the date of realisation from the 3rd respondent. Sd/- (K.M.JOSEPH, JUDGE) Sd/- (M.L. JOSEPH FRANCIS, JUDGE) aks // True Copy // P.A. to Judge