IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 334 of 2006()
1. KALIYAR THODI KULUMA, W/O.KARI KALIYAR\T
... Petitioner
Vs
1. SHAIJU @ K.J. RASSAL RAJ, S/O.RASILAYYAN
... Respondent
2. BASHEER, S/O.MOHAMMED UNNI, POOLAMANNA
3. M/S.UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.M.P.PRAKASH
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :27/06/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.334 OF 2006
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Dated this the 27th day of June 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Manjeri in O.P.(MV)No.1765 of 2001. It is a case where
the claimant aged 45 years, a coolie by profession, sustained fracture of the
clavicle and was treated as an inpatient for a period of 8 days. The
Tribunal granted her a compensation of Rs.12,821/-. It is submitted that it
is inadequate. It has to be stated that on account of the fracture of the
clavicle, she would not have been in a position to do any work. Being a
person working as coolie, aged 45 years, it can easily be taken that an
income of Rs.2,000/- will be made by her and therefore towards loss of
earning, I grant her a sum of Rs.4,000/-. Certainly, the fracture of the
clavicle must have caused her temporary disability as well as loss of
amenities and enjoyment in life. I award a sum of Rs.5,000/- for the same.
Therefore, the claimant will be entitled to an additional compensation of
Rs.9,000/-.
Therefore MACA is partly allowed and the claimant is entitled to an
MACA 334/2006 -:2:-
additional compensation of Rs.9,000/- with 7% interest on the said sum
from the date of petition till realisation. The insurance company is directed
to deposit the amount within 60 days from the date of receipt of a copy of
this judgment.
M.N.KRISHNAN, JUDGE
Cdp/-