IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 MACA.No. 123 of 2006() --------------------------------- OPMV.1303/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER ------------------------------------- PARAPPURATH KUNHIKOYA, 44 YEARS, S/O.KUNHAYAMU, PARAPURATH HOUSE, VILATHUR POST, MALAPPURAM DISTRICT. BY ADV. SRI.PROMY KAPRAKATT SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.P.K.BEENA SRI.K.N.VINODKUMAR RESPONDENTS/ RESPONDENTS ----------------------------------------------- 1. ASHRAF K., S/O.MOHAMMED K., KUNNATH VEEDU, THOTHA POST, VALLUVANGAD. 2. T.UNNIMOIDEEN, THENNADAN HOUSE, VETTIKKATTIRI P.O., VALLUVANGAD POST. 3. NATIONAL INSURANCE CO LTD., GURUVAYOOR. ADV. SRI.JOE KALLIATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 123 OF 2006 = = = = = = = = = = = = = = = Dated this the 11th day of August, 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)1303/00. The claimant was a 44 year old coolie who sustained injuries in a road accident. He had a lacerated injury on the temporal region of 6 x .5 x 1 cm. and also had fracture on the ribs 6, 7th and 8th left side with haemothorax. He was admitted in the hospital on 30.3.98 and discharged on 7.4.98. He was treated in a private hospital. The Medical Board has certified his disability at 3%. The Tribunal has taken his income only at Rs.1,250/- which appears to be too inadequate for a 44 year old coolie. It is true that the accident had taken place in the year 1998 and considering the wage set up I fix the minimum wage at Rs.1,750/- per month to calculate the compensation. On account of this fracture with some drainage and breathlessness the claimant would not have been in a position to do any work at least for two months. M.A.C.A. 123 OF 2006 -:2:- So I award Rs.3,500/- towards actual loss of earnings. When the income is fixed at Rs.1,750/- and disability is calculated at 3% with a multiplier of 15, the claimant will be entitled to an additional compensation of Rs.2,700/-. Similarly, this 44 year old man must have suffered loss of amenities and enjoyment in life. For which I award a sum of Rs.2,000/- and therefore the the claimant will be entitled to an additional compensation of Rs.8,200/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,200/- 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/-