IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 MACA.No. 610 of 2004() --------------------------------- OPMV.250/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: -------------------- JOHNSON, S/O. INASU, ELUVATHUNGAL HOUSE POOCHUNNIPADOM, OORAKAM. BY ADV. SRI.V.A.PRADEEP KUMAR RESPONDENTS: ----------------------- 1. MANOJ KUMAR, CHATHAKUDATH HOUSE, POOCHUNNIPADAM, OORAKAM. 2. OUSEPH S/O. VAREED, THALIKULAM HOUSE, PERINCHERY, CHOVVOOR P.O. 3. THE UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY ITS BRANCH MANAGER, IRINJALAKUDA, DIST.THRISSUR. BY ADV. SRI.N.S.MOHAMMED USMAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 610 OF 2004 = = = = = = = = = = = = = = = Dated this the 16th 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, Irinjalakuda in O.P.(MV)250/94. The claimant sustained a barton fracture wrist with multiple abrasions all over the body. He was initially treated as an inpatient in the hospital for two days. Internal fixation was done and it was removed. The Tribunal itself has observed that the claimant has produced medical bills for Rs.8,291/-. The claimant produced a disability certificate for 7%. The Tribunal did not accept it on the ground that he has not examined the Doctor. He claimed an income of Rs.2,000/-. But the Tribunal fixed it at Rs.1,000/-. The Tribunal should have at least taken a notional income of Rs.1,250/-. If it is taken, then towards loss of earning for six months there is an addition of Rs.1,500/-. Though he had produced medical bills for Rs.8,291/-, the Tribunal finds that he is only entitled to Rs.6,000/-. So it needs interference. Therefore I award M.A.C.A. 610 OF 2004 -:2:- an amount of Rs.2,300/- under that head. It is seen from the award itself that there was an internal fixation for two years. Though the disability certificate is not proved by examining the Doctor it is certain that there would have been temporary difficulties and inconvenience for him for a considerable length of time. Therefore I enhance the compensation for loss of amenities by Rs.2,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.5,800/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,800/- 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/-