IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 M.A.C.A.No. 1881 of 2005(C) ----------------------- OP(MV).63/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: --------------------- RAFEEQUE, AGED 25 YEARS, S/O.ABDURAHIMAN CHATHERI HOUSE, THENNALA P.O. WEST BAZAR, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN SRI.P.BABU KARTHIKEYAN. RESPONDENTS/RESPONDENTS: ------------------------ 1. P.V.BABU, S/O.VASU, PUTHUVATTEL HOUSE, KIZHUPPILLIKKARA, THRISSUR (DRIVER). 2. M.K.KUTTAN, S/O.KUNJIUVELU, MARATHEZHATH HOUSE, VADAKKUMURI, PERINGOTTUKARA P.O. THRISSUR. 3. THE NEW INDIA ASSURANCE CO.LTD., DIVISIONAL OFFICE, MALAPPURAM. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1881 OF 2005 = = = = = = = = = = = = = = = Dated this the 17th 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)63/01. The claimant, a 21 year old coolie sustained fracture of femur and scapula and was treated as an inpatient in the hospital for 13 days. An operation was done and the discharge card reveals he had a comminuted fracture. The Tribunal has not awarded anything for loss of earnings as well as for loss of amenities in life. Even if the income is taken at Rs.1,500/- per month the claimant will be entitled to Rs.3,000/- towards loss of earnings. Similarly, certainly on account of the fracture on the scapula as well as femur the claimant would have lost amenities and enjoyment in life. For which I compensate him a sum of Rs.6,000/-. Since no document is produced to show disability, it is disallowed. Therefore the claimant will be entitled to an additional compensation of Rs.9,000/-. M.A.C.A. 1881 OF 2005 -:2:- 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. M.N. KRISHNAN, JUDGE. ul/-