IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 MACA.No. 1008 of 2006(C) ----------------------------- OPMV.70/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER: --------------------------------- MUSTHAFA, AGED 80, S/O. KHADER, KOTTAPPURATH HOUSE, PERINGALA KARA, KUNNATHUNADU VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.MATHEWS K.PHILIP RESPONDENTS: RESPONDENTS: ------------------------------------ 1. PRASADKUMAR, S/O.NARAYANAN NAIR, GEETHA BHAVAN, KAKKAD KARA, THIRUVANIYOOR VILLAGE. 2. PRADEEPKUMAR K.,S/O.DAMODARAN NAMBOODIRI HARA HARA PRIYA HOUSE, ALAPURAM, ELENJI P.O., ERNAKULAM DISTRICT, PIN-683 542. 3. NATIONAL INSURANCE COMPANY LIMITED, MULLAPPILLY BUILDINGS, A.M. ROAD, PERUMBAVOOR. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 SRI.N.ANILKUMAR FOR R.2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1008 OF 2006 = = = = = = = = = = = = = = = Dated this the 31st day of July, 2008. J U D G M E N T A 78 year old man claimed to be a coolie by profession sustained injuries in a road accident. He had lacerated wounds on the parietal region and also on the leg and arm. It was subsequently diagnosed that he has sustained hairline fracture on the right tibia. He was an inpatient in the hospital for six days and had spent an amount of Rs.7,886/- towards medical expenses. The Tribunal gave him a compensation of Rs.16,800/-. It is against that decision, the present appeal is preferred for enhancement. 2. Learned counsel would submit that he was a healthy coolie and the Tribunal went wrong in not awarding any amount for loss of earnings. Certainly he has to make both ends meet. There is nothing wrong in presuming that he was doing some work and therefore I award an amount of Rs.2,000/- for loss of earnings. For a 78 year old man the lacerated wounds especially on the head, arm and leg M.A.C.A. 1008 OF 2006 -:2:- coupled with the hairline fracture on the tibia would result in loss of amenities and enjoyment in life. He may become dependent on others for some time. Taking into consideration those aspects I award an amount of Rs.3,500/- towards loss of amenities and enjoyment in life. Therefore the claimant will be entitled to an additional compensation of Rs.5,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,500/- 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/-