IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 MACA.No. 379 of 2008(A) ----------------------------------- OP(MV).NO.883/1999 OF IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT/ CLAIMANT: ----------------------------------- M.ARAVINDAN, S/O.KRISHNAN NAIR, AGED 37 YEARS, RESIDING AT MANDAYULLATHIL HOUSE, P.O.KARUMALA, BALUSSERY, KOZHIKODE. BY ADV. SMT.RASHMI. K.V. RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. P.GIRIJA, W/O.UNNIKRISHNAN, RESIDING AT `SARANGI', HOUSE NO. 30/389, KOVOOR, IRINGADANPALLY ROAD, P.O.CHEVAYOOR, KOZHIKODE. (OWNER OF THE JEEP NO.KL-7/5583). 2. KERALA STATE INSURANCE DEPARTMENT, DISTRICT INSURANCE OFFICE, WOOD WORKSHOP BUILDING, PUTHIYARA, KOZHIKODE. (OWNER OF THE JEEP NO.KL-7/5583). R1 BY ADV. SRI.A.RANJITH NARAYANAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 379 OF 2008 = = = = = = = = = = = = = = = Dated this the 24th 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, Kozhikode in O.P.(MV)883/99. The claimant, a 28 year old gold covering worker sustained injuries in a road accident. The Tribunal awarded a total compensation of Rs.37,500/- and it is against that decision the claimant has come in appeal for enhancement. 2. In spite of notice the other side has not entered appearance. Heard the learned counsel. A perusal of the award would reveal that he was admitted on 10.3.99 and discharged on 15.3.99. He had also suffered a Grade-II compound fracture on the shaft of the humerus right. The disability certificate revealed his disability at 15%. The Tribunal has awarded reasonable compensation on almost all heads but I find on account of the fracture he would not have been able to do any work for three months and also there would have been loss of amenities and enjoyment in life for M.A.C.A. NO. 379 OF 2008 -:2:- him. When the income is taken at Rs.1,500/- per mensum, the claimant will be entitled to an additional compensation of Rs.2,000/- under the head of loss of earnings for three months and I award Rs.5,000/- towards loss of amenities and enjoyment in life thereby making 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 6% 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/-