IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 MACA.No. 1332 of 2005() ----------------------- OPMV.480/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- T.K. MANI, AGED 40 YEARS, S/O. KANNAN, NEAR NAGARJUNA, PUTHENKKODE P.O., RAMANATTUKARA (VIA), MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN SRI.P.BABU KARTHIKEYAN. RESPONDENT: 3RD RESPONDENT: ------------------------------------------------------ UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY DIVISIONAL MANAGER, DIVISIONAL OFFICE, MANJERI. BY ADV. SRI.M.S.PATTALI - R1 SRI.K.J.KURIACHAN - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1332 OF 2005 --------------------- Dated this the 13th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 480/00. The appellant aged 35 years was a goldsmith by profession. He was awarded a compensation of Rs.12,340/-. Dissatisfied with the same, he has come up in appeal. The accident took place on 5.4.97 and when he was admitted in the local hospital a wound certificate is prepared stating that there is swelling contusion and pain face and left side below eye. Then corresponding investigation has revealed that he has sustained a fracture of the zygomatic bone. He has also attended the OP wing of the hospital. The Tribunal has only awarded Rs.12,340/- as compensation. 2. A goldsmith by profession who had sustained fracture of the zygomatic bone certainly would have been incapacitated from doing work for a period of two months. Fixing the income at Rs.2,000/- I award him Rs.4,000/- towards actual loss of earning. It is seen that no amount had been granted under the head of loss of amenities. MACA No.1332/05 2 Certainly the zygomatic fracture would have caused him inconvenience atleast temporarily for some period. Therefore, I award a sum of Rs.3,000/- under that head. Therefore the appellant will be entitled to an additional compensation of Rs.7,000/-. 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. 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 vps MACA No.1332/05 3