IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 MACA.No. 1601 of 2005() ---------------------------------- OPMV.710/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER ------------------------------------- P.NARAYANAN, AGED 37 YEARS, S/O.P.PARAMESWARA PANIKKAR, PANAGATTA HOUSE, P.O.IKKARAPPADI, MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN SRI.P.BABU KARTHIKEYAN. RESPONDENT/ 3RD RESPONDENT --------------------------------------------------- THE NATIONAL INSURANCE CO. LTD., REPRESENTED BY DIVISIONAL MANAGER, DIVISIONAL OFFICE, CALICUT. BY ADV. SMT.SARAH SALVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1601 OF 2005 --------------------- Dated this the 19th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 710/00. The claimant, aged 32 years said to be a painter by profession, sustained fracture of the 4th, 5th and 6th ribs and also heamathrosis. The Tribunal awarded him a compensation of Rs.17,200/-. It is against that decision, the present appeal is preferred by the claimant. 2. Heard the counsel for both sides. The Tribunal has fixed the disability at 2%. As per Ext.X1 document, the Tribunal took his income at Rs.15,000/- per annum and awarded a compensation of Rs.17,200/-. Absolutely, no amount is given for loss of earning. When a person sustained fracture of three ribs certainly, he would have been deprived from doing any work for a period of two or three months. Therefore, I award Rs.4,000/- under that head. Since the disability is taken as 2% some compensation has to be given for loss of amenities also because the disability may have affected his day to day activities in life. I award Rs.3,000/- under that head. So the MACA No.1601/05 2 claimant will be entitled to an additional compensation of Rs.7,000/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/- 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.1601/05 3 MACA No.1601/05 4