IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 MACA.No. 1901 of 2005() ----------------------- OPMV.111/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ------------------------------------- MUHAMMED, AGED 27 YEARS, S/O.MONTHEEN, MALAYIL HOUSE, CHEEKODE P.O., TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN SRI.P.BABU KARTHIKEYAN. RESPONDENT: 3RD RESPONDENT: ----------------------------------------------------- THE NEW INDIA ASSURANCE CO LTD., REPRESENTED BY THE DIVISIONAL MANAGER, DIVISION OFFICE, MALAPPURAM. BY ADV. SRI.VPK.PANICKER - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1901 OF 2005 --------------------- Dated this the 13th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 111/01. A perusal of the award would reveal that the appellant, aged 23 years and a coolie by profession, had sustained severe comminuted fracture of the both bones of right forearm. He had also complaint of pain. He was treated as an inpatient for 7 days and the disability was assessed at 4%. The Tribunal had awarded Rs.33,975/- as compensation. It is against that decision, the present appeal is preferred. 2. Heard the counsel for both sides. It is seen that though the appellant had sustained fracture of both bones of the hand, he had not been granted any compensation for actual loss of earning. Fixing his monthly income at Rs.1,500/-, I award him Rs.3,000/- under that head for two months. So far as disability is concerned, when his income is enhanced to Rs.18,000/- per annum, there will be a difference which will come to Rs.2,040/- that is granted. Nothing is given for loss of amenities and enjoyment in life, which I fix as MACA No.1901/05 2 Rs.2,000/-. He is a native of Malappuram district and was treated in the hospital at Feroke. He had also visited the hospital on very many occasions. So I enhance the compensation under that head by another Rs.500/-. The appellant will be entitled to an additional compensation of Rs.7,540/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,540/- with 7% interest on the said sum from the date of petition till realisation. The 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 vps MACA No.1901/05 3