IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 MACA.No. 2166 of 2005(G) ----------------------- OPMV.102/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT(S): APPELLANT: ------------------------------ ABDUL SATHAR, REJILA MANZIL, ERUTHALAMOOLA, PULIMODU, THOLICODU, NEDUMANGADU, REPRESENTED BY POWER OF ATTORNEY HOLDER SAHAFUDEEN, FAIZAL HOUSE, PULIMODU, THOLICODU, NEDUMANGADU. BY ADV. SRI.J.HARIKUMAR SRI.HARIKUMAR.S. SRI.VIPIN VISWANATH RESPONDENT(S)/RESPONDENTS: -------------------------------- 1. NISSAR, S/O.ABDUL KHAREEM, CHAVIRIKUZHY VEEDU, THEKKUMBHAGOM, KOTTAPPURAM VILLAGE, PARAVOOR, KOLLAM. 2. THE BRANCH MANAGER, NATIONAL INSURCNE COMPANY LTD., BRANCH-II, 184 JUNCTION STREET, PONDICHERRY. ADV. SRI.RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON 24/08/2009 PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No.2166 of 2005 -------------------------------------- Dated this the day of August, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. This appeal is filed by the claimant seeking enhancement of the compensation awarded in OP(MV).102/2000 on the files of the Motor Accidents Claims Tribunal, Attingal. The appellant sustained injury while travelling on the pillion of a motor cycle which was hit by a Maruti Van. The appellant sustained fracture of left femur along with abrasion on the various other parts of the body. He was treated at Medical College Hospital, Thiruvananthapuram and thereafter he continued treatment as out-patient. Considering the fact that there is no evidence to prove that the injuries sustained had resulted in any permanent disability, the Tribunal awarded an amount of Rs.29,000/- under different heads. 2. Learned counsel appearing for the appellant contended that the Tribunal ought to have allowed compensation for difficulties and discomforts and the permanent disfigurement sustained by the appellant. He also claims that the amount of Rs.3,000/- granted under the head of loss of earning is highly MACA.2166/05-G 2 unrealistic and inadequate. It is also contended that the various amounts awarded under the heads of transportation to hospital, extra nourishment, damage to clothing and articles, etc: are highly on the lower side. 3. On an active consideration of the evidence on record we feel that the amounts awarded under the heads of loss of earning, medical expenses, transportation, etc: are slightly on the lower side. Considering the fact that the appellant sustained fracture of femur and he continued prolonged treatment we feel that an enhancement of the total compensation by a sum of Rs.15,000/- will be just and reasonable to meet the ends of justice. 4. In the result the appeal is partly allowed enhancing the total compensation of Rs.29,000/- granted by the Tribunal by a further sum of Rs.15,000/- which will carry interest @ 9% per annum from the date of the claim petition till payment. The 2nd respondent/Insurance company is directed to make payment of the amount within a period of 3 (three) months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb