SOMAN P K Vs. M K VIJAYAN

JUDGEMENT

(1.) THIS is an appeal preferred against award of the Motor Accidents Claims Tribunal, Mavelikara in O.P.(MV) No. 972 of 2000. The claimant a 32 year old man a labourer by profession sustained injuries in a road accident and Tribunal has awarded compensation of Rs.24,000/-. Dissatisfied with the same the claimant has come up in appeal. The nature of injuries sustained are a lacerated injury on the right parietal area 10 cm x 0.05cm, fracture humerus right, and suspected head injury. He was treated as an inpatient for the period from 28.03.1998 to 04.04.1998. The Tribunal took his income at Rs.1,500/-per month and awarded 4 months loss of earning. Considering the age and work done it has to be taken Rs.2,000/-. When it is so claimant will be entitled to additional compensation of Rs.2,000/- under that head. It is allowed. It is true that no disability certificate is produced but for a labourer a fracture on the right humerus will affect the working capacity is at least for a temporary period and he would also be deprived of his enjoyment especially the fracture being on the right hand. So I increase compensation for loss of amenities and enjoyment by Rs.3,000/-. Thus making an additional compensation of Rs.5,000/-.

(2.) IN the result, MACA is partly allowed and claimant is awarded additional compensation of Rs.5000/- with 7.5 % interest on the said sum from the date of petition till realisation and the respondent insurance Company is directed to deposit the said amount within a period of 60 days from the date of receipt of copy of this judgment.