IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 MACA.No. 2064 of 2005(C) ----------------------- OPMV.661/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/CLAIMANT: ----------------------------------- ABOOTHAHIR,S/O HAMZA, KURUNGATTIL HOUSE,TIRUNARAYANAPURAM, PULAMANTHOLE POST, MALAPPURAM. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS/ RESPONDANTS: ---------------------------------------------- 1. SHAMSUDHEEN,S/O MOHAMMADKUTTY, ERAKADAVATHU HOUSE,PULAMANATHOLE POST, MALAPPURAM. 2. SANDEEP MOHIYUDHEEN,S/O MOHIYUDHEEN, THALATHODIYIL HOUSE,ANGADIPURAM POST, MALAPPURAM. 3. M/S.UNITED INDIA INSURANCE COMPANY LTD, PERINTHALMANNA,MALAPPURAM. BY ADV. SRI.JOHN KOSHY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J -------------------------- M.A.C.A.No. 2064 OF 2005 ------------------------------- Dated this the 4th day of August, 2008 J U D G M E N T This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri in O.P.(M.V) No. 661/01. The claimant, a 20 year old man, sustained fracture of both bone of the right leg. He was treated as inpatient in the Al-Shifa hospital, Perinthalmanna from 19.1.2001 to 30.1.2001. Surgery was conducted and implantation was done. There was a delayed union of the fracture on account of the infection. He had also made available before me one document which states that he requires a surgery for removal of the internal fixation. The Tribunal awarded a total compensation of Rs. 29,108/- which takes in Rs. 18,758/- as medical expenses. 2. After hearing the learned counsel, I find that additional compensation has to be awarded under three heads namely (1) loss of earning (2) loss of amenities (3) future treatment expenses. He would have been prevented from doing any work for 6 to 8 M.A.C.A.No. 2064/2005 -2- weeks. Therefore I award Rs. 3,000/- under that head. Towards loss of amenities and enjoyment in life, I award him another amount of Rs. 3,000/-. Certainly he requires a surgery and expense for the removal of the implantation and the doctor has certified that it may come to Rs. 10,000/-. There is nothing on record to show the actual expense to be incurred or already incurred. I award Rs. 4,000/- under that head. Therefore the claimant will be entitled to an additional compensation of Rs. 10,000/-. Therefore the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- with 6% interest on the said sum from the date of petition till realisation. The respondent Insurance Company is directed to deposit the amount within 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN, JUDGE vkm