IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 MACA.No. 2838 of 2008() ---------------------------------- OPMV.1106/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER ------------------------------------ 1. MRS.PARVATHY, THEKKILAKKATTIL PARAMAN, GURUDEVA NAGAR DESOM, LOKAMALESWARAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. MR.V.BINOY RAM RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. MOHANAN K.N., KOOVAPARAMBIL HOUSE, KOTTAPURAM DESOM, P.O. METHALA VILLAGE, KODUNGALLUR TALUK. 2. SHAMER, S/O.EDASSERY MUHAMMAD, PAY BAZAAR, AZHIKODE VILLAGE, KODUNGALLUR TALUK. 3. THE MANAGER, NATIONAL INSURANCE CO.LTD., P.B.NO.25, MUNCIPAL SHOPPING COMPLEX, NORTH PARUR, ERNAKULAM DISTRICT. R3 BY ADV. MR.JOE KALLIATH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2838 OF 2008 = = = = = = = = = = = = = = = Dated this the 18h day of September, 2009. 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)1106/03. The claimant, a 59 year old labourer sustained injuries in a road accident as a result of which she had sustained a fracture on the clavicle, zygoma and also tibia or in other words she had sustained fracture on the hand, leg as well as on the face. She was already 59 year old at the time of the accident. She is only a labourer by profession. Certainly when a person gets fracture on these three vital parts of the body and as to make both ends meet by her labour certainly there will be some handicap and difficulties which can be taken into consideration even without a disability certificate. I feel in the absence of other materials the minimum of 5% can be taken and if the income is fixed at Rs.1,500/- the disability per annum would come to Rs.900/- when applying a multiplier of 9 it would come to Rs.8,100/- over and above M.A.C.A. 2838 OF 2008 -:2:- this at least an amount of Rs.3,000/- has to be granted for loss of amenities, Rs.250/- towards damage to clothing and Rs.500/- towards extra nutritious food. When all these things are taken together the claimant will be entitled to Rs.11,850/- out of which Rs.7,000/- has been awarded under the head of loss of amenities and enjoyment in life thereby entitling the claimant to get an additional compensation of Rs.4850/- which I round as Rs.5,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- 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/-