IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 MACA.No. 296 of 2006() ---------------------- OPMV.925/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): /PETITIONER: ----------------------------------- E. SALEEM, AGED 31 YEARS, S/O. SULAIMAN, ELAYEDATH HOUSE, POOCHAL, AYKARAPADI P.O. BY ADV. SRI.K.P.MUJEEB RESPONDENT(S): RESPONDENTS: -------------------------------------- 1. ABDUL AZEEZ E., S/O. SULAIMAN, ELAYEDATH HOUSE, POOCHAL, AYKARAPADI P.O. (RIDER OF MOTOR CYCLE). 2. ABDUL AZEEZ E., S/O. SULAIMAN, 1/744 BILL PRODUCE, P.O. UNNIKULAM, CALICUT. (OWNER OF THE MOTOR CYCLE). 3. ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, MAVOOR ROAD, KINGWAY BUILDING, CALICUT-673 001. ADV. SMT.A.SREEKALA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 296 OF 2006 = = = = = = = = = = = = = = = Dated this the 17th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)925/01. The claimant, a 27 year old man, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.40,414/-. Dissatisfied with the same the claimant has come up in appeal. I find considerable force in the contention regarding the inadequacy of compensation. The claimant has sustained a fracture on the femur and had incurred an expense of Rs.31,865/- towards medical expenses. The Tribunal has not awarded a proper compensation for pain and sufferings, did not award any compensation for actual loss of earnings as well as no compensation for loss of amenities and enjoyment in life for a fracture of the femur. Therefore it requires interference at the hands of this Court. I enhance the compensation for pain and sufferings by Rs.5,000/-. I award M.A.C.A. 296 OF 2006 -:2:- a sum of Rs.5,000/- towards loss of amenities and enjoyment in life and another Rs.4,000/- towards actual loss of earnings thereby entitling the claimant to get an enhanced compensation of Rs.14,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.14,000/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-