IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 MACA.No. 1073 of 2005() ----------------------- OPMV.1360/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIOENR. -------------------------------------- VALIYAVEETTIL RAJENDRAN, S/O.VASUDEVAN, AGED 28 YEARS, VALIYAVEETTIL HOUSE, KORANKODE P.O. BY ADV. SRI.P.SAMSUDIN RESPONDENT: 3RD RESPONDENT. ---------------------------- THE UNITED INDIA INSURANCE CO.LTD., SULTHAN BATHERY. BY ADV. SRI.C.V.BIMAL ROY FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/07/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1073 OF 2005 --------------------- Dated this the 24th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 1360/00. The claimant, aged 23 years labourer by profession, sustained fracture of the toe. 2. Learned counsel had made available before me the discharge certificate which would indicate that the claimant was admitted on 12.3.98 and discharged on 28.3.98. He had avulsion type fracture on the right great toe with complete avulsion of the toe nail. He was treated by the specialists and a slab was applied for a period of one month and was directed to take bed rest for a further period of two months. Tribunal has not considered anything about the loss of earning or loss of amenities. Taking his income at Rs.1,500/- per mensum, I award three months loss of earning at Rs.4,500/- and another sum of Rs.3,000/- towards loss of amenities and enjoyment in life. Therefore, the claimant will be entitled to an additional compensation of Rs.7,500/-. MACA No.1073/05 2 In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,500/- with 6% interest on the said sum 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 vps MACA No.1073/05 3