IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 MACA.No. 769 of 2006() -------------------------------- OPMV.1758/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER ------------------------------------- ABDURAHIMAN, AGED 26 YEARS, S/O.KUNHEENKUTTY MUSLIAR, CHEROOTH HOUSE, P.O.PERUVALLUR, VIA.KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT/ 3RD RESPONDENT ------------------------------------------------- THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, MALAPPURAM. BY ADV. SMT.A.C.DEVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 769 OF 2006 = = = = = = = = = = = = = = = Dated this the 22nd 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, Manjeri in O.P.(MV)1758/01. The claimant sustained a fracture on six ribs on the left side and fracture on the left clavicle. He had suffered a disability of 2%. It is submitted that he was a tailor by profession getting a monthly income of Rs.3,000/- per month. The Tribunal awarded the compensation only taking the notional income at Rs.1,250/- which requires some enhancement. I fix the income at Rs.1,500/-. Certainly on account of the fracture on six ribs coupled with the fracture of the clavicle he would not have been in a position to do any work for three months. I award him a compensation of Rs.4,500/- under that head. So far as the disability is concerned when it is worked out at an annual income of Rs.18,000/- it would come to Rs.6,120/- out of which Rs.5,100/- is granted. So he will be entitled to an additional compensation of M.A.C.A. 769 OF 2006 -:2:- Rs.1,020/- under that head. The Tribunal has not awarded any compensation for loss of amenities and enjoyment in life. Fracture on the ribs and clavicle certainly would have at least caused him some disability and loss of amenities and enjoyment in life. I award him Rs.3,000/- under that head. Therefore the claimant will be entitled to an additional compensation of Rs.8,520/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,520/- 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/-