IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 MACA.No. 1349 of 2006(C) ------------------------------------- O.P.M.V.NO.1207/2001 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI. .................... APPELLANT/PETITIONER: ------------------------------------- M. KUMMINI @ KUMMINI AMMAL, W/O. CHATHANKUTTY (LATE), AGED 60 YEARS, NARANATH HOUSE, KARIPUR P.O., KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN. RESPONDENT/ 3RD RESPONDENT: -------------------------------------------------- UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY DIVISIONAL MANAGER, DIVISIONAL OFFICE, MANJERI. BY ADV. SRI.C.V.BIMAL ROY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.1349 OF 2006 ===================== Dated this the 4th day of August 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)No.1207 of 2001. The claimant, a 55 year old labourer by profession, sustained injuries in a road accident. A perusal of the award would reveal that she had a comminuted fracture of the big toe with dislocation of MP joint, big toe fracture clavicle and also injuries on the big toe of 2nd right toe. She was treated in the hospital as an inpatient for a period of 22 days and the Medical Board has assessed her liability at 3%. The Tribunal has only granted her loss of earning for 23 days. It has to be remembered that she was treated as an inpatient for a period of 22 days. She had sustained fracture of the toe with dislocation as well as fracture of the clavicle. Certainly, being a labourer by profession, this would have deprived of her for a period of 3 months. Considering the age of 55 I take her income at Rs.1,500/- and award an additional compensation of Rs.3,500/- towards loss of earning. Similarly, no amount is granted for loss of amenities and enjoyment in life. I grant her Rs.3,500/- under that heard. When the income is taken at Rs.1,500/- then the disability MACA 1349/2006 -:2:- compensation will go up by Rs.990/-. Therefore the claimant will be entitled to an additional compensation of Rs.7,990/- which I round as Rs.8,000/-. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.8,000/- with 7% interest on the said sum from the date of petition till realisation and 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 Cdp/-