IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 MACA.No. 2140 of 2006() ----------------------- OPMV.1210/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) ----------------------------------------------------- SUMOD MOHAN, S/O.KIZHUVEETTIL MOHANDAS, POLIYEDATH HOUSE, PADI P.O., KUTTIYAMBALAM DESOM, MATTATHUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. MR.P.V.BABY MR.A.N.SANTHOSH RESPONDENTS/RESPONDENTS IN OP(MV) ------------------------------------------------------------- 1. UMMAR, S/O.MOHAMMED, KALATHI ANGADY HOUSE, PATHUKULANGARA, MATTATHUR. 2. SAIDALAVI, S/O.ALAVI, KUZHIKKARAMATTIL HOUSE, PATHUKULANGARA, MATTATHUR. 3. MANAGER, UNITED INDIA INSURANCE CO.LTD., CHALAKUDY.P.O. 4. P.L. JOY, S/O.LONAPPAN, PUTHUSSERY HOUSE, MURIKKINGAL, KODALY. R3 BY ADV. MR.P.JAYASANKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ C.N.Ramachandran Nair & P.N.Ravindran, JJ. =================================== M.A.C.A.No.2140 of 2006 ===================== Dated this the 9th day of January, 2009. JUDGMENT Ramachandran Nair,J. We have heard the learned counsel appearing for the appellant and the learned standing counsel appearing for the Insurance Company. 2. The appellant, who is a 16 year old boy at the time of the accident, sustained injuries such as fracture on right radius, dislocation, right radioulnar joint, swelling and tenderness, contusion left leg below knee. Even though permanent disability was claimed at 11%, the Motor Accidents Claims Tribunal refixed it at 5%. We are also of the view that the percentage of disability claimed is exorbitant. However, considering the discomfort and suffering on account of the accident, we are of the opinion that some enhancement is called for, for pain and suffering and also for discomfort suffered for some time. We therefore, enhance the total compensation from Rs.36,201/- to Rs.45,000/-. The additional compensation granted by us will carry interest at the rate of 7.5% per annum from the date of application till date of payment. The appeal is partly allowed. C.N.Ramachandran Nair, Judge. P.N.Ravindran, Judge. ess 17/1