IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 MACA.No. 671 of 2007() -------------------------------- OPMV.1269/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT (PETITIONER IN O.P.(MV): 1269/2001 ----------------------------------------------------------------------- JOHN K.VARGHESE, AGED 24 YEARS, S/O. VARGHESE, PULLUPARAMBIL HOUSE, MADAPPAT ROAD, CHALIKKAVATTOM, VENNALA P.O., PUNITHURA. BY ADV. SRI.V.K.GOPALAKRISHNA PILLAI SRI.GOPAKUMAR.G. RESPONDENTS: RESPONDENTS IN O.P.(MV): 1269/2001. --------------------------------------------------------------------------------- 1. MOHAMMED SADIQUE, S/O. ALI, VADAPPILLY (H), CHOORNIKKARA, ALUVA - 683 106. (FIRST RESPONDETN IN O.P.(MV): 1269/2001). 2. THE ORIENTAL INSURANCE CO. LTD., P.M.A. BUILDING, BANK JUNCTION, ALUVA - 683 101. (THIRD RESPONDETN IN O.P.(MV): 1269/2001). BY ADV. SRI.MATHEWS JACOB (SR.) - R2 SRI.P.JACOB MATHEW - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 671 OF 2007 = = = = = = = = = = = = = = = Dated this the 23rd 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, Ernakulam in O.P.(MV)1269/01. The claimant, an auto rickshaw driver by profession sustained fracture on the radius, a fracture on the base of 2nd meta-tarsal besides other injuries including oedma on the foot. He was treated as an inpatient in the hospital for three days. The Tribunal awarded a compensation of Rs.15,843/-. The Tribunal also held that R3 has to make the payment and get it reimbursed from the registered owner, R1 for the reason that there was no valid fitness certificate. 2. Heard the counsel. Admittedly the accident took place while he was driving. Being an auto rickshaw driver by profession his income can be fixed at Rs.2,000/-. The Tribunal has not awarded any amount for actual loss of earnings. So, for two months I grant an amount of Rs.4,000/- under that head. Certainly on account of the M.A.C.A. 671 OF 2007 -:2:- fracture on the radius coupled with the fracture on the meta- tarsal there would have been loss of amenities and enjoyment in life for which I award Rs.5,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.9,000/-. 3. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.9,000/- 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. The insurance company is entitled to get it reimbursed this amount also from the registered owner of the vehicle. M.N. KRISHNAN, JUDGE. ul/-