IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 MACA.No. 1051 of 2005() ----------------------------------- OPMV.478/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------- C.P.JANAKI, AGED 62 YEARS, W/O.BHASKARAN, CHATHAMPARAMBU HOUSE,PULPETTA P.O., MANJERI, MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN SRI.P.BABU KARTHIKEYAN. RESPONDENTS: 3RD RESPONDENT: ------------------------ THE NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, MANJERI. BY ADV. SRI.MATHEWS JACOB (SR.) - R SRI.P.JACOB MATHEW - R THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1051 OF 2005 = = = = = = = = = = = = = = = Dated this the 16th day of June, 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)478/00. The claimant sustained fracture on the right wrist, fracture collar right and he had contusion on the thigh as well as cheek. He was 47 years old and was a coolie by profession. The Tribunal awarded him a compensation of Rs.15,600/-. It is against that decision the present appeal is preferred by the claimant. 2. It is submitted that the claimant was an inpatient in the hospital for a period of 13 days with two fractures. The Tribunal has not awarded any amount for medical expenses and so also the amount awarded for extra nourishment and bystander's expenses are inadequate. I grant an amount of Rs.1,000/- under that head. Certainly on account of the two fractures sustained in the right hand he would not be in a position to do any work for two months. M.A.C.A. 1051 OF 2005 -:2:- Therefore I grant Rs.3,000/- for loss of earnings. Similarly, there would have been loss of amenities and enjoyment in life on account of the right hand fracture for which I grant Rs.3,000/-. When notional income is taken as Rs.18,000/- and compensation is worked out for disability it would come to an addition of Rs.1,170/- which means an additional compensation of Rs.8,170/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,170/- with 7% 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/-