IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 MACA.No. 766 of 2004() -------------------------------- OPMV.266/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: -------------------------------------- CHANDRIKA, W/O. DINESAN, MURIYAKKAD HOUSE, KALLETTUMKARA P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY RESPONDENTS/ RESPONDENTS 1 TO 3 IN OP(MV): ------------------------------------------------------------------------ 1. M.C.UNNIKRISHNAN, S/O. CHATHUKUTTY, MOALEKADAN HOUSE, MURIYAD P.O. 2. SHAJU P.T., S/O. PARAPPURATH THANKAPPAN, MURIYAD VILLAGE AND P.O. 3. MANAGER, NEW INDIA ASSURANCE CO., IRINJALAKUDA. BY ADV. SRI.A.C.DEVY - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 766 OF 2004 --------------------- Dated this the 12th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, in OP(MV) 266/98 whereby the Tribunal has awarded a compensation of Rs.18,000/-. The appellant is a cashew worker aged 48 years. She had sustained fracture of the scapula and was treated an inpatient for one day. The disability certificate was produced. But the Tribunal did not take into account the same and awarded the compensation. Tribunal awarded Rs.7,000/- for loss of amenities. 2. Learned counsel had shown me the disability certificate which shows that there is a limitation of abduction and difficulty in circulation of the left shoulder and pain on the left shoulder. Taking into consideration the avocation of the appellant, her age, nature of injuries sustained, I feel 5% disability can be taken. Her income is fixed at Rs.1,200/- and the annual loss of earning power will be Rs.720/- and if it is multiplied by 13, it will come to Rs.9,360/-. Over and above this, some more amount has to be given for loss of amenities also which I fix as Rs.3,000/-. The appellant will be MACA No.766/04 2 entitled to an additional compensation of Rs.12,360/- out of which Rs.7,000/- has already been awarded. Therefore, the appellant is entitled to an enhanced compensation of Rs.5,360/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,360/- 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.766/04 3