IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 MACA.No. 1161 of 2006() ----------------------- OPMV.364/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ------------------------------------- SURENDRAN, S/O.BALAKRISHNAN NAIR, AGED 35 YEARS, PULLANCHERY HOUSE, P.O.AKAMPADAM, ERANJIMANGAD, NILAMBUR VIA., MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT: 3RD RESPONDENT: ---------------------------------------------------- M/S.NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, MALAPPURAM. ADV. SRI.RENIL ANTO KANDAMKULATHY FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1161 OF 2006 ===================== Dated this the 18th day of August 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.9MV)No.364 of 2002. The claimant, a 31 year old mason by profession, sustained fracture of the upper end of left humerus and his disability was assessed at 2% and he was awarded a compenstion of Rs.19,124/-. It is against that decision the present appeal is filed. 2. It has to be stated that the Tribunal has not awarded any amount for actual loss of earning as well as for loss of amenities. Similarly the income taken is also only Rs.1,250/- for a 31 year old mason by profession. I think the income can be fixed at Rs.2,000/- and the compensation can be calculated for a period of two months. So, I award Rs.4,000/- for two months' loss of earning. When the income is fixed at Rs.2,000/-, the disability compensation would be Rs.8,160/- out of which Rs.5,100/- is already granted. Therefore the claimant will be entitled to an additional compensation of Rs.3,060/-. Over and above this, when a mason sustained MACA 1161/2006 -:2:- fracture of the humerus, there will be certainly loss of amenities and enjoyment in life even in the working field. Therefore I award him Rs.2,000/- under that head. Therefore the claimant will be entitled to an additional compensation of Rs.9.060/-. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.9,060/- with 6% interest on the said sum from the date of petition till realisation and the 3rd respondent 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/-