IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 MACA.No. 609 of 2005() --------------------------------- OPMV.1509/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER ----------------- ABDUL JABBAR, AGED 60 YEARS, S/O.MOHAMMED MUSLIAR, MAMBRATHODI HOUSE, ARIPRA P.O., ANGADIPURAM, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN SRI.P.BABU KARTHIKEYAN. RESPONDENTS: RESPONDENTS ------------------------ * 1. M.T.PRASAD, S/O.THANKAPPAN NAIR, AGED 29 YEARS, VENDARAYIL HOUSE, OLIPRAMKADAVU P.O., ALATHUR TALUK, PALAKKAD DISTRICT(DRIVER).(DELETED) * 2. C.K.RAGHAVAN, NO.89, MC NICHOLAS ROAD, CHATPOT, CHENNAI-31(OWNER). (DELETED) 3. UNITED INDIA INSURANCE CO LTD., DIVISIONAL OFFICE, MANJERI. * R1 AND R2 ARE DELETED FROM THE PARTY ARRAY AS THE RISK OF THE APPELLANT AS PER ORDER DT. 28.3.08 IN IA. 754/08. BY ADV. SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.609 OF 2005 ===================== Dated this the 16th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)No.1509 of 2000. The claimant aged 50 years was working as a coolie, sustained fracture of the 5th metatarsal and lacerated injury. The Tribunal awarded him a total compensation of Rs.11,391/-. It is against that decision the present appeal is filed. 2. Heard the learned counsel on both sides. It is submitted by the counsel for the appellant that the claimant was treated in the hospital as an inpatient for a period of 3 days. On account of the fracture of the 5th metatarsal he would have been prevented from doing any work for a period of one month. I therefore grant him an additional amount of Rs.1,500/- under the head loss of earning. On account of that too at the age of 50 years, certainly some amount has to be granted under the head loss of amenities and enjoyment in life. I award him an amount of Rs.2,000/- under that head. On all other heads, the award of the Tribunal is retained. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.3,500/- with 6% interest on the said sum MACA 609/2005 -:2:- 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 Cdp/-