IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 MACA.No. 1733 of 2007() ----------------------- AGAINST THE ORDER DATED 04/08/2006 IN OPMV.1195/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER ----------------------------- FAZIL, S/O MOHAMMED, MAYIPOYIL HOUSE, CHERUVATOOR, VAZHAKKAD P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON SMT.S.SMITHA (PARAKKAL) RESPONDENTS: RESPONDENTS ------------------------------------ 1. ILLIKKAL SALIM, S/O ALAVI, ANARKUNNU HOUSE, PAZHAMIDAM, KARAKUNNU-34, THRIKKALANGODE. 2. T.P.VEERANKUTTY, S/O MOHAMMED, THEKKUMPURATH HOUSE, KARAKKUNNU P.O., MANJERI. 3. THE ORIENTAL INSURANCE CO. LTD., MANJERI. BY ADV. SRI.ESM.KABEER FOR R1 SRI.ABDUL MAJEED.N FOR R1 SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1733 OF 2007 --------------------- Dated this the 28th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 1195/02. the claimant, aged 23 years a cleaner by profession, sustained injuries in a road accident as a result of which he had suffered fracture of the shaft of the femur and lacerated wound on the left forearm. He was treated as inpatient for 14 days and the Tribunal awarded him a compensation of Rs.19,050/-. Aggrieved by that decision, the claimant has come up in appeal. 2. Heard the counsel for both sides. Learned counsel would contend that he was getting a monthly income of Rs.4,000/- and that it was not proper on the part of the Tribunal to fix his income at Rs.1,500/-. There is nothing to prove the income of the claimant as Rs.4,000/-. But, considering the fact that the accident took place in 2001 and he was a cleaner by profession, I am inclined to fix the income at Rs.2,000/-. When it is so, for the loss of earning for four months he will be entitled to get a sum of Rs.2,000/- as additional MACA No. 1733/07 2 compensation. The Tribunal has not given anything to him for the temporary disability that would have caused to him on account of the fracture of the femur. Being the thigh bone, it would have handicapped him and the young man would have been put to loss of amenities and enjoyment in life. So taking into consideration all these aspects, I award a sum of Rs.6,000/- under that head. Therefore, the claimant will be entitled to an additional compensation of Rs.8,000/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.8,000/- with 6 % interest on the said sum from the date of petition 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. 1733/07 3