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. 1989 of 2005() ---------------------------------- OPMV.1462/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/CLAIMANT: ------------------------------------ P. VASU, MALAYIL HOUSE, BALUSSERY, KOZHIKODE. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS/RESPONDENTS --------------------------------------------- 1. C.V. PAULOSE, S/O. VARGHESE, CHERUCHALATHIL HOUSE, KUNNAKKAL POST, MUVATTUPUZHA. 2. K.M. THANKACHAN, S/O. MANI, KAVIKUNNIL HOUSE, KUNNAKKAL POST, MUVATTUPUZHA. 3. M/S. ORIENTAL INSURANCE COMPANY LTD., T.A. TOWER MARKET ROAD, MUVATTUPUZHA. 4. M.P. MANOJ, S/O. BALAKRISHNAN, KRISHNA NIVAS, KANAKKAN THODIYIL, CIVIL STATION POST, KOZHIKODE. 5. K.T. RADHAKRISHNAN, S/O. IMBICHIKUTTY KANNANTHODI PARAMBA, KARAPARAMBA, KOZHIKODE. 6. THE NEW INDIA ASSURANCE CO.LTD., TRIPURI BUILDING, EAST NADAKKAVU, KOZHIKODE. BY ADV. SRI.LAL GEORGE - R6 SRI.S.MAMMU - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1989 OF 2005 = = = = = = = = = = = = = = = Dated this the 22nd day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1462/96. The claimant, a tailor by profession, sustained injuries in a road accident. It is revealed hat he had a fracture on the right humerus as well as on the scapula and was treated as an inpatient for eight days. The Tribunal awarded a total compensation of Rs.14,354/-. 2. Heard the counsel for the appellant as well as R3 and R6. It can be seen that a tailor had sustained a fracture on the humerus coupled with the fracture on the scapula. It is certain that he would not be in a position to do any work at least for two months. Therefore, I enhance the compensation for actual loss of earnings by Rs.2,000/-. Certainly, on account of the same there would have been temporary disability and loss of amenities and enjoyment in life. It is true that there would have been real difficulty for M.A.C.A. 1989 OF 2005 -:2:- him to carry out his work at least for few months. Taking into consideration that aspect I am inclined to grant him Rs.5,000/- as compensation for loss of amenities and enjoyment in life. Therefore the claimant will be entitled to an additional compensation of Rs.7,000/-. On all other heads the finding of the Tribunal is confirmed. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/- 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/-