IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 MACA.No. 1976 of 2005() ----------------------- OPMV.863/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/CLAIMANT: ---------------------- P.K. ASHRAF, S/O. BEERANKUTTY, POOTHENGODEN HOUSE, AMMINIKKAD POST, PERINTHALMANNA, MALAPPURAM. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS/ RESPONDENTS: ------------------------------------ 1. HANEEFA, S/O. AYAMUTTY, CHEMMALASSERY HOUSE, AMMINIKKAD POST, PERINTHALMANNA, MALAPPURAM. * 2. T. MOOSA, S/O. RAYIN, THONNIKARA HOUSE, THIRURKAD POST, PERINTHALMANNA, MALAPPURAM. (R2 REPORTED DEAD. HENCE DELTED FROM THE PARTY ARRAY AS PER ORDER DT. 25.6.08.) 3. M/S. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, PEECHI COMPLEX, CALICUT ROAD, PERINTHALMANNA, MALAPPURAM. BY ADV. SRI.C.V.BIMAL ROY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1976 OF 2005 --------------------- Dated this the 25th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 863/01. The claimant, a coolie by profession aged 28 years, sustained fracture of the left clavicle. He claimed Rs.4,000/- as his income and has produced the disability certificate for 1%. The Tribunal awarded a sum of Rs.14,219/- as compensation. 2. The accident is of the year 2001. A 28 year old man, who is a coolie by profession can certainly atleast earn Rs.2,000/- at that point of time. When the compensation is calculated on that basis, the disability compensation would come to Rs.4,320/-. When the actual amount awarded is deducted from Rs.4,320/-, the claimant will be entitled to an additional compensation of Rs.1,620/-. No amount is seen awarded towards loss of amenities and enjoyment in life. Even though the claimant has sustained disability and a fracture of the clavicle, only a meager amount is granted for permanent disability. There will not be any overlapping. Therefore, I award MACA No.1976/05 2 Rs.4,000/- under that head. No amount is seen granted towards loss of earning. On account of the fracture of the clavicle he would not have been in a position to do the work for a period of 6 to 8 weeks and therefore, I award a sum of Rs.3,000/- under that head. Therefore, the claimant will be entitled to an additional compensation of Rs.8,620/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.8,620/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.1976/05 3 MACA No.1976/05 4