IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 MACA.No. 2127 of 2005() ----------------------------------- OPMV.1143/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/CLAIMANT: ------------------------------------ SHAHUL HAMEED, S/O. UMMER, ANNARATHODI HOUSE, KUZHIMANNA POST, AREEKODE, MALAPPURAM. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. SHARAFUDHEEN, S/O. ALAVI, KOORI HOUSE, PAZHAMALLUR, KODUR POST, MALAPPURAM. 2. ABDUL RASHEED, S/O. HUSSAIN, PAZHEDATH HOUSE, PAZHAMALLUR, KODUR POST, MALAPPURAM. 3. M/S. THE NEW INDIA ASSURANCE COMPANY LTD BRANCH OFFICE, I.G. BRANCH, SILVER PLAZA, KOZHIKODE. BY ADV. SRI.A.C.DEVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2127 OF 2005 = = = = = = = = = = = = = = = Dated this the 13th day of June, 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)1143/01. The claimant who was aged 20 years, a coolie by profession, sustained a fracture on the maxilla as well asmandible coupled with black eye. He had undergone inpatient treatment in the hospital and the Medical Board assessed his disability at 3%. He has been awarded a total compensation of Rs.20,933/-. It is against that decision the present appeal is preferred. 2. Heard the counsel for appellant as well as the insurance company. When a person has sustained two fractures on the face, certainly he would not have been in a position to do any work for a period of two months at least. No amount has seen granted towards actual loss of earnings. Therefore I award him Rs.3,000/- under that head. The Tribunal has fixed his income at Rs.15,000/- which can be M.A.C.A. 2127 OF 2005 -:2:- easily raised to Rs.18,000/- and when compensation is calculated on that basis the disability compensation would have to be enhanced by Rs.1,440/-. Certainly the fracture of the maxilla as well as the mandible would have caused him loss of amenities and enjoyment in life. He would have been even unable to take proper food and this would have deprived him for participating in any games or other extracurricular activities as well. So taking into consideration his age I am inclined to grant him Rs.3,500/- towards loss of amenities and enjoyment in life. Therefore the additional compensation will come to Rs.7,940 which I round as Rs.8,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/- with 7% 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/-