IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 MACA.No. 334 of 2006() --------------------------------- OPMV.1765/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/CLAIMANT. ------------------------------------ KALIYAR THODI KULUMA, W/O.KARI KALIYARTHODI HOUSE, P.O.KARUVAMBRAM,MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.M.P.PRAKASH RESPONDENTS/ RESPONDENTS. ----------------------------------------------- 1. SHAIJU @ K.J. RASSAL RAJ, S/O.RASILAYYAN PUTHENVEEDU, P.O.VADAKKEKKARA, MULLILAVAYILA, RIDER. 2. BASHEER, S/O.MOHAMMED UNNI, POOLAMANNA HOUSE, EDATHANATTUKARA, P.O.MANNARKKAD, PALAKKAD DISTRICT, OWNER. 3. M/S.UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE PALAKKAD P.O. BY ADV. SRI.JOHN KOSHY - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.334 OF 2006 ===================== Dated this the 27th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)No.1765 of 2001. It is a case where the claimant aged 45 years, a coolie by profession, sustained fracture of the clavicle and was treated as an inpatient for a period of 8 days. The Tribunal granted her a compensation of Rs.12,821/-. It is submitted that it is inadequate. It has to be stated that on account of the fracture of the clavicle, she would not have been in a position to do any work. Being a person working as coolie, aged 45 years, it can easily be taken that an income of Rs.2,000/- will be made by her and therefore towards loss of earning, I grant her a sum of Rs.4,000/-. Certainly, the fracture of the clavicle must have caused her temporary disability as well as loss of amenities and enjoyment in life. I award a sum of Rs.5,000/- for the same. Therefore, the claimant will be entitled to an additional compensation of Rs.9,000/-. Therefore MACA is partly allowed and the claimant is entitled to an MACA 334/2006 -:2:- additional compensation of Rs.9,000/- with 7% interest on the said sum from the date of petition till realisation. 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/-