IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 MACA.No. 517 of 2005() --------------------------------- OPMV.573/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/CLAIMANT -------------------- JAYAPRAKASH, S/O NADI, AMBALAKUNNEL HOUSE, IRIVETTY P.O., MALAPPURAM. BY ADV. SRI.DILIP MOHAN RESPONDENTS: RESPONDENTS ------------------------ 1. MUHAMMED S/O. KAMMU HAJI, BRANTANKALATHIL HOUSE, KARAKUNNU AMSOM, THRIKALANGODE. 2. M.CHANDRASEKHARAN, S/O. THEYYU MUTHUVEETTIL HOUSE, MANJAPATTA, MANJERI. 3. THE ORIENTAL INSURANCE COMPANY LTD., MANJERI. BY ADV. SRI.VPK.PANICKER - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------------------- M.A.C.A.No.517 OF 2005 --------------------------------------- Dated this the 9th 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)No.573/1998. The claimant, a coolie by profession, aged 22 years sustained fracture of the right hand and also had lost one tooth and there was also mobility of another tooth. He was referred to the Medical College Hospital and he was treated there. Exhibit X1 disability certificate issued would reveal that the medical board has certified his disability as 2%. The Tribunal fixed his income as Rs.1,800/- and proceeded to decide the compensation. 2. A perusal of the award would reveal that reasonable compensation has been awarded under the heads on which it is awarded. But it is seen that no compensation has been granted for loss of amenities and enjoyment in life. Only Rs.6,000/- is given for the loss of one tooth. It has to be stated that being a coolie by profession, the fracture of the hand would have certainly affected his working capacity and it would have resulted in loss of amenities and enjoyment in life. I award an amount of Rs.5,000/- in that head. To this extent, the appeal succeeds. M.A.C.A.517/05 2 Therefore, the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 7% interest on the said sum from the date of the petition till realisation and the respondent-Insurance Company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE. smp