IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 MACA.No. 1530 of 2004(D) ------------------------ OPMV.1167/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN O.P.M.V.: ---------------------------------------------------------- ANTU, S/O. LONAPPAN, KOCHIKKADAN HOUSE, NELLAYI P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN O.P.M.V. ------------------------------------------------------------------- 1. P.A. BABY, S/O. ALIAS, PYNADATH HOUSE, MEKKAD P.O., ANGAMALY. 2. MANAGER, ORIENTAL INSURANCE CO.LTD., ANGAMALY P.O. BY ADV. SRI.P.V.JYOTHI PRASAD - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/07/2008, HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1530 OF 2004 = = = = = = = = = = = = = = = Dated this the 23rd day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1167/99. The claimant who was a driver employed in gulf countries sustained fracture on the clavicle and other injuries in a road accident. The other injury was on the temporal region of the head. He was treated as an inpatient in the hospital for four days. The Doctor gave him a disability certificate of 10% and he was examined also. The Tribunal found that the difficulty stated by the Doctor cannot be accepted as such. Therefore the Tribunal took 2% disability and calculated the compensation. The fracture sustained is a simple clavicle fracture and I think disability of 2% taken by the Tribunal cannot be found fault with. But the income taken is grossly inadequate. For a driver at least an amount of Rs.2,500/- should have been taken as the income. When it is done, for two months loss of earnings the claimant will be entitled to M.A.C.A. 1530 OF 2004 -:2:- Rs.2,000/- as additional compensation. When it is worked out for the purpose of permanent disability, the compensation under the head of loss of earnings would come to Rs.9,000/- which means an additional compensation of Rs.3,600/-, for pain and sufferings the amount has to be made Rs.5,000/- that is an additional compensation of Rs.1,000/-. Similarly for loss of amenities and enjoyment in life it must be made Rs.5,000/-thus an enhancement of Rs.1,350/-. Therefore the claimant will be entitled to an additional compensation of Rs.7,950/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,950/- with 6% 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/-