IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 MACA.No. 1158 of 2006() ---------------------------------- OPMV.102/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S):PETITIONER ------------------------- PANAKKAL ABDU SAMAD, AGED 44 YEARS, S/O.MOIDEEN HAJI, PANAKKAL HOUSE, P.O.KODINHI, TIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): 3RD RESPONDENT -------------------------- M/S.UNITED INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, MANJERI. ADV. SRI.O.P.NANDAKUMAR FOR R1 TO R3 SRI.V.A.AJAI KUMAR FOR R1 TO R3 SRI.K.P.SUDHEER FOR R1-2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1158 OF 2006 ===================== Dated this the 20th day of January 2009 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)No.102 of 2002. The claimant a 40 year old coolie, sustained injuries in a road accident. He had suffered fracture of the clavicle and X-ray undisplaced fracture outer end of right clavicle. He was treated in the hospital as an inpatient for 2 days and the Tribunal accepted his permanent disability at 1%. The Tribunal has not awarded any compensation for actual loss of earning. Being a coolie by profession, the claimant would not have been in a position to do any work for two months. Fixing the income at Rs.1,500/- per month, I award a compensation of Rs.3,000/- towards loss of earning. Towards loss of amenities and enjoyment in life, I award him Rs.3,000/- thereby entitling to an amount of Rs.6,000/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,000/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is MACA 1158/2006 -:2:- directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-