IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 M.A.C.A.No. 534 of 2007(F) ---------------------- OP(MV)NO.615/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ---------------------- ARUMUGHAN,42 YEARS,S/O.UNNICHATHAN, POOVATTUMTHODI HOUSE,P.O CHATTIPARAMBA, MALAPPURAM DISTRICT,REPRESENTED BY HIS POWER OF ATTORNEY HOLDER P.NALINI,W/O.ARUMUGHAN -DO- BY ADV. SRI.P.SAMSUDIN RESPONDENTS/RESPONDENTS: ------------------------ 1. KRISHNAKUMAR,S/O.CHAKKAPPAYA, CHENGOTTOOR,KOTTAKKAL,MALAPPURAM DISTRICT. 2. THE NEW INDIA ASSURANCE COMPANY LIMITED, MALAPPURAM. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N.KRISHNAN, J ===================== MACA No.534 OF 2007 ===================== Dated this the 15th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)No.615 of 2002. The claimant, a 37 year old labourer, sustained injuries in a road accident. The medical records would reveal that he had sustained grade II open fracture lower pole of patella (R). He was treated in the hospital as an inpatient for a period of 5 days. It is also seen that there was pop of immobilisation upto 23.8.2001. The Tribunal awarded a total compensation of Rs.19,592/-. It is seen from the documents available that he would not have been in a position to do any work for a period of two months. Considering that fact, I am inclined to grant Rs.3,000/- towards actual loss of earning. A labourer by profession had sustained fracture of patella and certainly it would have caused him temporary loss of amenities at least for a period of 6 months to 1 year. Taking into consideration that aspect, I am inclined to grant Rs.5,000/- under that head. Therefore the claimant will be entitled to Rs.8,000/-. Therefore MACA is partly allowed and the claimant is entitled to an MACA 534/2007 -:2:- additional compensation of Rs.8,000/- with 6% 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/-