IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 MACA.No. 1020 of 2007() ---------------------------- OPMV.591/1998 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT/ PETITIONER: ---------------------------- NISSAR KUNJU, S/O.SHABDEENKUNJU, KANNANKARAYIL, CHERAVALLY, KAYAMKULAM. BY ADV. SRI.K.HARILAL SRI.R.GOPAN RESPONDENTS: RESPONDENTS: ---------------------------------- 1. VIDYADHARAN, S/O.NARAYANAN, VIJAYA BHAVANAM, CHUNAKKARA VADAKKUM MURI, THAZHAKKARA, MAVELIKARA. 2. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY MANAGING DIRECTOR, THIRUVANANTHAPURAM. BY ADV. SRI.S.MOHANAN FOR R1 S.C. K.S.R.T.C. SRI. K. PRABHAKARAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1020 OF 2007 = = = = = = = = = = = = = = = Dated this the 2nd day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Mavelikkara in O.P.(MV)591/98. The claimant, a driver by profession sustained injuries in a road accident as a result of which he had sustained fracture on the radius. The Tribunal awarded him a compensation of Rs.20,000/- and it is against that decision, the present appeal is preferred. It is true that the accident took place in 1997 and the documents also reveal that he continued treatment as an inpatient for four days and as an out patient till 21.12.97. Taking the fact that he was a driver the Tribunal should have at least fixed his income at Rs.2,500/- and when it is so, towards actual loss of earnings an additional amount of Rs.2,000/- has to be awarded. It is true that no disability certificate is produced. But the fact remains that he had a very prolonged treatment and a driver by profession when he sustains fracture in the radius it will M.A.C.A. 1020 OF 2007 -:2:- cause him at least temporary disability and loss of amenities and enjoyment in life and taking into consideration those aspects I am inclined to enhance Rs.2,000/- more under those heads. Therefore the claimant will be entitled to an additional compensation of Rs.4,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,000/- with 7% interest on the said sum from the date of petition till realisation and the 2nd respondent 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/-