IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 MACA.No. 191 of 2007() ---------------------- OPMV.1220/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER ---------------------------------- A.J.TOMY, AGED 36 YEARS, SON OF A.B.JOSEPH, ANTHIKKAD HOUSE, T.O.G.PASS ROAD, SOUTH KALAMASSERY. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.MANJUSHA MOHANDAS RESPONDENTS/RESPONDENTS -------------------------------------- 1. K.V.DANIEL, KURISINKAL HOUSE, PALLITHODE P.O., CHERTHALA. 2. OUSEPH, S/O. JOSEPH, PARYAKATTIL HOUSE, SOUTH OF CHURCH, PALLITHODE P.O., CHERTHALA. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, SHANMUGHAM ROAD, COCHIN - 31. 4. THE NEW INDIA ASSURANCE COMPANY LIMITED, SOUTH KALAMASSERY, COCHIN - 22. ADV. SRI.LAL GEORGE FOR R4 ADV. SRI.J.MATHAPPAN FOR R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. NO: 191 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd Day of August, 2009. JUDGMENT K. M. Joseph J. The appellant is the claimant in a petition filed under Section 166 of the Motor Vehicles Act. 2. Heard the learned counsel for the appellant and learned counsel for the third respondent. 3. Learned counsel for the appellant would contend that the Tribunal has awarded only Rs.1,250/- towards loss of earning. The appellant was self employed. The accident took place on 17.2.2000. Secondly, she would contend that no amount is awarded towards loss of amenities. The appellant suffered lacerated wound on left leg, open fracture both bones of left leg, lacerated wound on left leg, wound detridement and bone grafting was also done. The Tribunal has awarded a total M.A.C.A . NO: 191 OF 2007 :2: sum of Rs.43,578- as against the claim of Rs.2,50,000/-. 4. Learned counsel for the Insurance Company supported the award. 5. The first question to be considered is whether the appellant is eligible for enhancement towards loss of earning. The Tribunal awarded one month's earning by taking the income as Rs.1,250/- Having regard to the year of the accident and the age of the appellant, i.e., 30 years, we feel that we can safely fix the income as Rs.1,800/-. On this basis, after deducting the amount already awarded by the Tribunal, we award Rs.4,150/- towards loss of earning. Considering the nature of injuries of the appellant, we feel that the appellant is entitled to a compensation of a sum of Rs.7,000/- towards loss of amenities. Accordingly, we award Rs.7,000/- under the head loss of amenity. 6. Accordingly, the appeal is party allowed and the appellant is allowed to realise an amount of Rs.11,150/- (round M.A.C.A . NO: 191 OF 2007 :3: of to Rs.11,000/-) along with interest at 7.5% from the date of petition till the date of realisation from the 3rd respondent. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/