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. 197 of 2009() ---------------------- OPMV.1755/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- MANOJ.T.P. , AGED 32 YEARS, S/O.T.K.ACHUTHA KURUP, BHAGAVATHI PARAMBATHU HOUSE OLAVANNA POST, ODUMBRA, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): --------------- 1. HASSAN.K, S/O.SAIDALI, KIZHAKKE THACHANKOD, MARIKUNNU POST, KOZHIKODE. 2. NAUSHAD K.T., PADANNA PARAMBA, ANAMAD, KALLAI POST, KOZHIKODE. 3. THE NATIONAL INSURANCE CO. LTD, PARCO TOWER, P.M.TAJ ROAD, KOZHIKODE. 4. THE ORIENTAL INSURANCE CO. LTD, DIVISIONAL OFFICE, SEEMA BUILDING, G.H.ROAD, KOZHIKODE. ADV. SMT.LATHA PRABHAKARAN FOR R1 SRI.M.JACOB MURICKAN FOR R4 SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.197 OF 2009- ............................................. Dated this the 17th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.1755/2003. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.46,268/= out of which Rs.15,768/= represents the medical expenses. Dissatisfied with the quantum awarded, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant, insurance company and the owner. It is true that no disability certificate is produced in this case. But, the claimant has made available before me the discharge summary issued by the Malabar Institute of Medical Sciences, Kozhikode. He was admitted in the hospital on 26.1.2003 and a surgery was effected on 27.1.2003 and he was discharged on 4.2.2003. The final diagnosis of the patient was posterior dislocation of right hip with fracture of right head of femur. The physical examination revealed : 2 : that there was inability to move right leg. Clinically right limb was shortened with flexion, internal rotation and adduction deformity of the right hip. The investigations revealed posterior dislocation of the right hip with infrafoveal fracture of the head of femur and comminuted fracture of the posterior rim of acetabulum. Therefore it is clear that a 32 year old young man has sustained substantial injury in the accident. Even after the discharge, he was asked to maintain traction for 6 more weeks. Therefore, it has to be stated that, considering the nature of the injuries he would not have been in a position to do any work for a minimum period of 4 months and therefore, I enhance the loss of earning compensation by Rs.5,000/=. It is true that no disability certificate is produced. But it is evident that a 32 year old young man had sustained dislocation of the hip coupled with fracture of the femur and acetabulum. The real movement of a person would be very badly affected on account of the dislocation of the hip as well as fracture on the femur and acetabulum. That is why, on clinical examination, it was found that he was not able to : 3 : move the right leg at all. There was also clinical shortening of the leg. So, it is certain that it would take fairly long time to come to normalacy at this young age and it had affected his working capacity as well. It deprived him from enjoyment in life. 3. So, considering the age of the person and the nature of the injuries sustained, I feel it is a fit case where this Court has to award Rs.10,000/= more towards loss of amenities and enjoyment in life. Therefore, I enhance the compensation by Rs.15,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.15,000/= with 7% interest on the said sum from the date of the 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 a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 :