IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 MACA.No. 2226 of 2006(C) ------------------------------- (AGAINST THE AWARD PASSED IN O.P.(MV)1086/99 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, PUNALUR.) APPELLANT/PETITIONER: ---------------------------------- SIVADASAN NAIR, S/O.NANU NAIR, SIVADAS MANDIRAM, ARAMPUNNA, ELAMPAL P.O., PUNALUR. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENTS/RESPONDENTS: -------------------------------------- 1. K.M. HANEEFA, SHA MANZIL, PUNJUKONAM, KARUKONE P.O. 2. NYZAM, NIZHA MANZIL, PULLANJIODE, KARUKONE P.O., ANCHAL. 3. NEW INDIA ASSURANCE CO.LTD., REPRESENTED BY DIVISIONAL MANAGER, KOLLAM. BY ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2226 OF 2006 = = = = = = = = = = = = = = = Dated this the 5th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Punalur in O.P.(MV)1086/99. The claimant, a 55 year old agriculturist sustained injuries in a road accident. It can be seen that he had a comminuted fracture on the clavicle with difficulty in breathing. He was initially admitted in the hospital from 6.5.99 to 8.5.99, then from 8.5.99 to 15.5.99 and thereafter from 27.10.99 to 4.11.99. The claimant produced a disability certificate of 8% plus 5%. But the Tribunal fixed the disability at 4% and awarded a total compensation of Rs.29,683/-. It is aggrieved by that decision, the present appeal is preferred. 2. The Tribunal has fixed the income of the claimant at Rs.2,500/-. But it has only allowed one month's actual loss of earnings. I feel at least he has to be granted two more months actual loss of earnings which I fix as Rs.5,000/-. Normally a clavicle fracture or a fracture on the M.A.C.A. 2226 OF 2006 -:2:- rib may not cause disability. But here is a case where there is comminuted fracture of the clavicle which ended in non- union of the fracture and there was partial ankylosis and wasting. Similarly, he had suffered pneumothorax on account of the rib fracture and that would have caused him some difficulty. Therefore I feel this is a fit case where easily the disability can be taken at 6%. When compensation for the additional 2% is worked out it will come to Rs.600/- per annum which when multiplied by 11 would be Rs.6,600/-. No amount has been granted towards loss of amenities and enjoyment in life. Certainly, when a man sustains a fracture that too a non-union at the age of 55 coupled with the rib fracture there would be difficulty for him for performing his day-today activities. Therefore I award Rs.2,000/- under that head. Therefore the claimant will be entitled to an additional compensation of Rs.13,600/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.13,600/- with 6% interest on the said sum for the dates M.A.C.A. 2226 OF 2006 -:3:- as specified by the Tribunal 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/-