IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 MACA.No. 1980 of 2005(G) ----------------------- OPMV.579/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/CLAIMANT: ---------------------------------- MOHAMMAD KUTTY, S/O. UNNIMANU, VAKKANAKUNNU HOUSE, ARIMBRA POST, MALAPPURAM. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS/RESPONDENTS: --------------------------------------- 1. SAMEER. K., S/O. MOHAMMED, CHOLAKULAMTHODI HOUSE, ARIMBRA POST, MALAPPURAM. 2. M/S. NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, MANJERI, MALAPPURAM. BY ADV. SRI.P.JAYASANKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1980 OF 2005 = = = = = = = = = = = = = = = Dated this the 1st day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)579/01. The claimant, a 40 year old man sustained fracture on the tibia and bone deep lacerated wound on the right leg and abrasions all over the body. He had sustained permanent disability of 2%. The Tribunal awarded him a compensation of Rs.18,528/- and held that since the driver did not have a valid driving licence, the insurance company is to recover the amount from the registered owner namely, R1. The learned counsel also would contend that the Tribunal has not awarded any compensation for actual loss of earnings and also any amount for loss of amenities and the notional income is taken is grossly inadequate. Considering the age of the person and the fact that the accident had taken place in 2001, there will not be any mistake if we take the income at Rs.1,500/- at least. On account of the fracture and the M.A.C.A. 1980 OF 2005 -:2:- deep lacerated and incised injuries, he would have been prevented from doing any work for a period of three months. Therefore I grant Rs.4,500/- towards actual loss of earnings. So far as permanent disability is concerned when the income is taken at Rs.1,500/- and worked out the additional compensation would come to Rs.960/-. The Tribunal has not awarded any compensation for loss of amenities and enjoyment in life which also has to be given for this 40 year old man who has sustained a fracture. So I fix it at Rs.3,500/-. Therefore the claimant will be entitled to an additional compensation of Rs.8,960/-. Since there was no valid driving licence insurance company has to pay it and get it reimbursed from the owner and driver namely R1 in the claim petition. 2. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,960/- 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.A.C.A. 1980 OF 2005 -:3:- The insurance company is also directed to get the amount reimbursed from the owner and driver namely R1 in the claim petition. M.N. KRISHNAN, JUDGE. ul/-