IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1924 of 2007()
1. ARUN KAROTH, S/O. GOPI,
... Petitioner
Vs
1. THE UNITED INSURANCE CO. LTD.,
... Respondent
For Petitioner :SRI.P.SAMSUDIN
For Respondent :SRI.T.J.LAKSHMANAN IYER
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :25/08/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 1924 OF 2007
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Dated this the 25thday of August, 2008
JUDGMENT
This appeal is preferred against the award passed by the
Motor Accident Claims Tribunal, Manjeri, in OP(MV) 1123/01. The
claimant, claiming to be a carpenter by profession, sustained injuries
in a road accident. The Tribunal awarded him a compensation of
Rs.30,920/- and directed the 3rd respondent Insurance Company to
pay the amount. It is against that decision, the present appeal is
preferred.
2. Heard the counsel for both sides. A perusal of the
award would reveal that the claimant had sustained fracture of the
right clavicle and was treated as inpatient for two days. The Tribunal
has accepted the disability at 4% on the basis of the disability
certificate issued by the Medical Board. Considering the factum that
he is a carpenter by profession, I feel that a minimum amount of
Rs.2,000/- has to be taken as his income. When it is so, towards
permanent disability compensation, the claimant will be entitled to
Rs.960/- as loss of earning per annum which when multiplied by 17
MACA No. 1924/07 2
would come to Rs.16,320/-. On deducting Rs.10,880/- he will be
entitled to an additional compensation of Rs.5,440/-. Nothing is seen
given for actual loss of earning. He would have been prevented from
doing any work atleast for a period of six weeks. Therefore, I award
a sum of Rs.3,000/- under that head. Similarly for a young man who
had sustained fracture of clavicle would have caused him loss of
amenities and enjoyment in life for sometime. I award a sum of
Rs.2,000/- under that head. Therefore, the claimant will be entitled to
an additional compensation of Rs.10,440/-.
In the result, the MACA is partly allowed and the claimant
is awarded an additional compensation of Rs.10,440/- with 6%
interest on the said sum from the date of petition till 13.12.05 and at
the same rate from 16.10.07 till realisation. 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. 1924/07 3