IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 M.A.C.A.No. 1924 of 2007(C) ----------------------- O.P(MV).1123/2001 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ---------------------- ARUN KAROTH, S/O. GOPI, AGED 27 YEARS, KAROTH HOUSE, KARAKKUNNU P.O., MANJERI (VIA), MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT/3RD RESPONDENT: -------------------------- THE UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY DIVISIONAL MANAGER, DIVISIONAL OFFICE, MANJERI. BY ADV. SRI.T.J.LAKSHMANAN IYER - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1924 OF 2007 --------------------- Dated this the 25th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 1123/01. The claimant, claiming to be a carpenter by profession, sustained injuries in a road accident. The Tribunal awarded him a compensation of Rs.30,920/- and directed the 3rd respondent Insurance Company to pay the amount. It is against that decision, the present appeal is preferred. 2. Heard the counsel for both sides. A perusal of the award would reveal that the claimant had sustained fracture of the right clavicle and was treated as inpatient for two days. The Tribunal has accepted the disability at 4% on the basis of the disability certificate issued by the Medical Board. Considering the factum that he is a carpenter by profession, I feel that a minimum amount of Rs.2,000/- has to be taken as his income. When it is so, towards permanent disability compensation, the claimant will be entitled to Rs.960/- as loss of earning per annum which when multiplied by 17 MACA No. 1924/07 2 would come to Rs.16,320/-. On deducting Rs.10,880/- he will be entitled to an additional compensation of Rs.5,440/-. Nothing is seen given for actual loss of earning. He would have been prevented from doing any work atleast for a period of six weeks. Therefore, I award a sum of Rs.3,000/- under that head. Similarly for a young man who had sustained fracture of clavicle would have caused him loss of amenities and enjoyment in life for sometime. I award a sum of Rs.2,000/- under that head. Therefore, the claimant will be entitled to an additional compensation of Rs.10,440/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,440/- with 6% interest on the said sum from the date of petition till 13.12.05 and at the same rate from 16.10.07 till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 1924/07 3