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. 773 of 2006() --------------------------------- OPMV.23/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER ------------------------------------- RADHAKRISHNAN.P., AGED 43 YEARS, S/O.ITTIYATHAN, PUTHUVANIL HOUSE, ERANHIKODE, KUNDUTHODU, MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN RESPONDENT/3RD RESPONDENT ------------------------------------------------ THE UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, MANJERI. BY ADV. SRI.N.S.MOHAMMED USMAN 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. 773 OF 2006 = = = = = = = = = = = = = = = 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, Manjeri in O.P.(MV)23/01. The claimant, a 38 year old rubber tapper, sustained fracture on the medial malleolus and also a fracture on the lower 3rd fibula. The Tribunal accepted the disability at 5% and awarded the compensation. The Tribunal had taken the notional income at Rs.15,000/- per annum. It is too inadequate and at least an amount of Rs.18,000/- has to be taken as the income. He would not have been in a position to do any work for two months. Therefore I grant him Rs.3,000/- under the head of actual loss of earnings. When 5% disability is taken and income is taken as Rs.18,000/- per annum the additional disability compensation would come to Rs.2,400/-(i.e.14,400-12,000). Certainly at this age this type of fracture would have caused him loss of amenities and enjoyment in life for which I award an amount of M.A.C.A. 773 OF 2006 -:2:- Rs.3,000/-. So the total compensation the claimant will be entitled to is Rs.8,400/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,400/- 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/-