IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 MACA.No. 431 of 2003(P) ----------------------------------- OPMV.3018/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER ------------------------------------ V.P. MANOJ, S/O.LATE RAGHAVAN, AGED 32 YEARS, VALIYAPURACKAL HOUSE, KULAPPURATHUTHAZHAM VAYAL, EDAKKADU P.O., KOZHIKODE DISTRICT. BY ADV. MR.JACOB ABRAHAM RESPONDENTS/RESPONDENTS 1 & 2 ------------------------------------------------------ 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. P.K. ABDUL RAHIMAN, S/O.KOCHU PILLAI, THRIYOMPURAM P.O., PERUMBAVOOR, ERNAKULAM. R1 BY ADV. MR.JOHNSON P.JOHN, SC, KSRTC. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 431 OF 2003 = = = = = = = = = = = = = = = Dated this the 23rd day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)3018/94. The claimant, an auto rickshaw driver by profession sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.39,080/- with 9% interest. It is against that decision the claimant has come up in appeal for enhancement. 2. The nature of injuries sustained by the claimants are a fracture on the right femur, fracture right radius, fracture nasal bone and multiple teeth injuries. The scan report revealed that he had a post traumatic fracture right greater wing of sphenoid with soft tissue swelling. He was in the Medical College Hospital as an inpatient for more than 20 days and it is necessary that he would have continued treatment for a considerable length of time on account of the injury sustained. It is true that he has not produced any M.A.C.A. 431 OF 2003 -:2:- disability certificate. The Tribunal on all other heads had granted a reasonable compensation that does not call for any interference. It is seen that on account of the injury sustained there had been shortening of the leg. The fracture on the radius, fracture on the head and the fracture on the nasal bone that too to a man aged 23 years would have created impact and difficulties in his day to day life. It is true that in the absence of disability certificate the court would not be in a position to calculate precisely what is the compensation the claimant is entitled to. But an young man had sustained injuries on almost all the vital parts of the body with four fractures. Certainly it will affect his life and therefore I have no hesitation to grant him Rs.15,000/- as a consolidated amount for loss of amenities, discomforts and enjoyment in life. Or in other words, the claimant is entitled to an additional compensation of Rs.15,000/-. 3. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.15,000/- with 7.5% interest on the said sum from the M.A.C.A. 431 OF 2003 -:3:- date of petition till realisation and the K.S.R.T.C. is directed to deposit the same within a period of ninety days from the date of receipt of a copy of the judgment. 4. I am informed that the K.S.R.T.C has not even paid the other compensation. Considering the factum that the man has sustained injuries in 1994 and 15 years had elapsed I feel the K.S.R.T.C will consider the case and deposit the amount so that at least some grievance of the claimant is ventilated. The M.A.C.A is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-