IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 MACA.No. 771 of 2006() -------------------------------- OPMV.112/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER ------------------------------------- GANESH.K.M, AGED 25 YEARS, S/O.SUBRAMANYAN, KATTUMUNDAKKAL HOUSE, P.O.KOORIYAD, VIA.TIRURANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT/ 2ND RESPONDENT ------------------------------------------------ THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, MANJERI. BY ADV. SRI.P.JAYASANKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 771 OF 2006 = = = = = = = = = = = = = = = Dated this the 22nd 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, Manjeri in O.P.(MV)112/01. The claimant, a 20 year old labourer by profession sustained fracture on the humerus and also sustained a disability of 6%. The Tribunal awarded him a total compensation of Rs.28,204/-. It is against that decision the present appeal is preferred. 2. It has to be stated that the Tribunal has not granted any amount for actual loss of earnings. Certainly on account of the fracture on the humerus coupled with the disability he would not have been in a position to do any work at least for a period of two months. So I grant him Rs.3,000/- towards actual loss of earnings. When the income is taken as Rs.18,000/- per annum and the disability compensation is worked out, the difference will come to Rs.2,880/-. The Tribunal has not awarded any compensation M.A.C.A. 771 OF 2006 -:2:- for loss of amenities and enjoyment in life. At least a nominal amount has to be awarded under that head. So I grant him Rs.2,500/- under that head. Therefore the claimant will be entitled to an additional compensation of Rs.8,380/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,380/- 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/-