IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MACA.No. 2039 of 2005(B) ----------------------- OPMV.1846/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): CLAIMANT. --------------------------------- HAMEED, S/O.UMMER, THEKKELAKANDI HOUSE, KUZHIMANNA, MALAPPURAM. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S): RESPONDENTS. ---------------------------------------- 1. N.MOHAMMED SHAFFI, S/O.N.AHAMMED, NELLISSERI HOUSE, KUZHIMANNA POST, MALAPPURAM. 2. K.V.MOHAMMED SIRAJ, FATHIMA MANZIL, 3/323, AREEKKAD POST, KOZHIKODE. 3. UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE NO.II, 2ND FLOOR SEEMA TOWERS, BANK ROAD, MAVOOR ROAD JUNCTION, CALICUT. ADV. SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2039 OF 2005 = = = = = = = = = = = = = = = Dated this the 17th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)1846/01. The claimant, a 20 year old man sustained injuries in a road accident. A perusal of the award would reveal that he has sustained fracture on the lumbar spine L3 and contusions on the glutal region right thigh and his disability was assessed as 2%. The Tribunal awarded a compensation of Rs.15,424/-. It is against that decision, the claimant has come in appeal for enhancement. 2. Heard. It is seen that the Tribunal has only fixed the notional income at Rs.15,000/- per annum for a 20 year old man. I think some enhancement has to be given for the reason that the schedule fixed the notional income in the year 1994 and the accident had taken place in the year 2001. So I fix it at Rs.1,500/- per month. He would not have been in a position to do any work for a period of two months M.A.C.A. 2039 OF 2005 -:2:- on account of the injuries sustained in the accident. Towards that I grant Rs.3,000/- towards loss of earnings. Certainly on account of the fracture on the lumbar spine it would have caused loss of amenities and enjoyment in life and especially for a person who has only crossed the age of 20. I award Rs.3,000/- towards loss of amenities and enjoyment in life. When Rs.18,000/- is taken as notional income and compensation is calculated the additional compensation for permanent disability would come to Rs.960/- which means an additional compensation of Rs.6,960/- which I round as Rs.7,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/- 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. M.N. KRISHNAN, JUDGE. ul/-