IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 MACA.No. 243 of 2009() ------------------------------------ OPMV.525/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): PETITIONER ----------------------- MANOJ @ MANOJ KUMAR.P.H. S/O.RAMAKRISHNAN, PULIKKODE VEEDU, PULAPPETTA PO., MANNARKKAD TALUK. BY ADV. MR.C.RAGHAVAN RESPONDENT(S): ------------------------- 1. SHOWKATHALI, S/O MUHAMMEDKUTTY VYANIPADAM VEEDU, PULAPETTA, MANNARKKAD TALUK. 2. ABDUL MUTHALIF.V.M., S/O.MUHAMMEDKUTTY VYANIPPADAM VEEDU, PULAPPETTA, KADAMBAZHIPURAM. 3. ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, PALAKKAD. R3 BY ADV. MR.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 243 OF 2009 = = = = = = = = = = = = = = = Dated this the 12th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV)525/05. The claimant, a 28 year old rubber tapper by profession sustained a clavicle injury and the Tribunal has awarded a compensation of RS.10,900/-. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard both sides. Learned counsel would contend being a rubber tapper by profession one require very strong hands and therefore the fracture of the clavicle would have affected his working capacity and that he would not have been in a position to do any work at least for a period of two months. Since the accident is of the year 2005 there is nothing wrong in fixing the income at Rs.2,500/- and therefore towards additional compensation for loss of earnings I grant Rs.2,000/-. The Tribunal has granted only Rs.4,000/- for pain and sufferings and Rs.2,000/- for loss of M.A.C.A. 243 OF 2009 -:2:- amenities. As discussed by me earlier since he requires very strong hands considering the nature of his work, certainly this would have caused him some handicap for at least some point of time. So taking into consideration the entire aspects I award a consolidated amount of Rs.5,000/- towards additional compensation for pain and sufferings and loss of amenities. Thus the claimant will be entitled to an additional compensation of Rs.7,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/- with 7.5% 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/-