IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 MACA.No. 1457 of 2004() ----------------------- OPMV.1252/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ------------------------------------- CHEMBAYI KARIYATHAN,S/O. KUNHATHAN, AGED 66 YEARS,CHELIL HOUSE,A.R.NAGAR P.O. BY ADV. SRI.P.SAMSUDIN SRI.P.BABU KARTHIKEYAN. RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. AYOOB,S/O. MOHAMMED KUTTY, PUTHANKURUNJI HOUSE,A.R.NAGAR,PUKAYOOR (DRIVER) 2. K.HAMZA, S/O. ALAVI,NAMBOLA HOUSE, VENGARA (OWNER) 3. UNITED INDIA INSURANCE CO.LTD., MANJERI. BY ADV. SRI.P.JAYASANKAR - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1457 OF 2004 ===================== Dated this the 10th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)No.1252 of 1999. The claimant, a 66 year old labourer sustained fracture of the lower end of left radius besides contused abrasion on the left side of front chest and abrasion on the forehead. Radiological examination confirmed the factum of fracture of the radius. He was treated in the hospital as an inpatient only for 2 days and thereafter he continued treatment as an outpatient in the same hospital. Learned counsel for the appellant had made available before me the discharge card for perusal which substantiates the contention of outpatient treatment. The Tribunal has not awarded any compensation for a 66 year labourer towards actual loss of earning. The accident is of the year 1998 and taking his income as Rs.1,500/- I award him loss of earning for six weeks as Rs.2,250/-. The amount awarded towards transport to hospital, extra nourishment, medical expenses appears to be very megre and that is increased by Rs.300/-. When a man sustained fracture at the age of 66, MACA 1457/2004 -:2:- certainly there is temporary disability for some time besides loss of amenities and enjoyment in life. It may take a longer time for an aged person to come to the normalcy and towards loss of amenities, I award him Rs.3,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.5,550/-. In the result MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,550/- with 7% 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 Cdp/-