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. 562 of 2005() -------------------------------- OPMV.1518/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANT ------------------------------------ DEVAPALAN @ MANIYAN, S/O.KUNJUKRISHNA PANICKER, T.C.17/1954, SREE PADMAM, PALACE VIEW ROAD, POOJAPPURA, TRIVANDRUM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN SRI.SAIJO HASSAN SRI.SABU SREEDHARAN SRI.VIMAL KUMAR.A.V. SRI.A.G.GIRISH KUMAR RESPONDENTS/RESPONDENTS --------------------------------------------- 1. C.K.JOSE, S/O.KUNJU VAREED, QUARTER NO.B. 301, NABARD BANK STAFF QUARTERS, DR.PAI ROAD, POOJAPPURA, TRIVANDRUM. 2. M/S.ORIENTAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, THAKARAPARAMBU JUNCTION, PAZHAVANGADI, TRIVANDRUM. BY ADV. DR.ELIZABETH VARKEY - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.562 OF 2005 ===================== Dated this the 22nd day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thiruvananthapuram in O.P.(MV)No.1518 of 1999. A 56 year old man claiming to be a press worker, sustained injuries in a road accident. He had sustained fracture of the clavicle and was treated as an inpatient in the hospital for one day. He had produced a disability certificate indicating the disability at 4%. The Tribunal took his income at Rs.1,250/- and awarded a total compensation of Rs.18,000/-. It is against that decision the present appeal is filed. 2. Learned counsel would contend that the Tribunal has erred in taking the income at Rs.1,250/- and further did not grant proper compensation for loss of amenities and enjoyment in life and therefore pleads for enhancement. After hearing the counsel and considering the wage structure, I am inclined to take Rs.1,500/- as his monthly income. On account of the fracture of the clavicle, he would not have been in a position to do any work for a period of two months. The actual loss of earning MACA 562/2005 -:2:- would come to Rs.3,000/-. When Rs.1250/- is deducted the additional compensation would come to Rs.1,750/-. When Rs.1,500/- is taken as his monthly income and the disability is calculated, the difference would come to Rs.960/-, i.e. Rs.5,760-4,800/-. On account of the fracture there would have been difficulties for movement. Therefore I enhance Rs.1,500/- under the head loss of amenities and enjoyment in life. Therefore the claimant will be entitled to an additional compensation of Rs.4,210/- which I round as Rs.4,200/-. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.4,200/- with 7% interest on the said sum from the date of petition till realisation and 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 Cdp/-