IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 30TH JULY, 2008 / 8TH SRAVANA, 1930 MACA.No. 453 of 2003 (OPMV.32/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM) .................... APPELLANT/PETITIONER: ------------------------------- G.KANNAN,S/O.GOPALAKRISHNAN, KANNAN NIVAS, MARIYATHURUTH.P.O., AYMANAM VILLAGE (ATTAINED MAJORITY ON 26-5-1998) BY ADV. SRI.RAJEEV V.KURUP RESPONDENTS/RESPONDENTS: --------------------------------------- 1. E.I.CHANDY, ELANJIVEETTIL HOUSE, OLASSA P.O., KOTTAYAM. 2. SUBHASH S/O. KRISHNAN, VIJITHICHIRA HOUSE, AYMANAM VILLAGE, PULIKUTTISSERI KARA. 3. THE NEW INDIA ASSURANCE COMPANY LTD., CHANGANACHERRY BY ADV. SRI.KKM.SHERIF FOR R3 SRI.A.A.ZIYAD RAHMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- M.A.C.A.No. 453 of 2003 B --------------------------------------------- Dated this the 30th day of July, 2008 J U D G M E N T Ramachandran Nair,J: This appeal is filed challenging the award passed by the M.A.C.T on the ground that the compensation awarded under various heads is very low. The appellant, who was the minor of 13 years of age at the time of accident, sustained major injury to one of his legs which led to amputation of the left big toe and the finger next to it. The disability certified by the Doctor was 7% and based on the same, an amount of Rs.18,900/- is awarded towards compensation for permanent partial disability. Counsel contended that in spite of hospitalisation for 23 days and suffering, the compensation awarded for pain and suffering is Rs.10,000/- and for treatment expenses, the compensation awarded is only Rs.2000/-. 2. Similarly, the next ground raised against the award is that no compensation is awarded for loss of MACA NO. 453 of 2003 :-2-: amenities and enjoyment in life. We find force in this contention because a youngster, who lost two fingers of his leg, is certainly a disabled person and will suffer on account of disability for the rest of his life. We therefore award a compensation of Rs.10,000/- for loss of amenities and enjoyment in life. Besides this, we award an additional amount of Rs.7,100/- in addition to the compensation of Rs.10,000/- awarded for pain and suffering by the Tribunal. The additional compensation comes to Rs.17,100/-. The appeal is allowed by enhancing the total compensation of Rs.32,900/- to Rs.50,000/-. The insurance company will deposit the additional compensation with interest at the rate of 7.5% from the date of application till the date of realisation. C.N.RAMACHANDRAN NAIR, Judge MBS/ V.K.MOHANAN, Judge MACA NO. 453 of 2003 :-3-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- M.A.C.A.NO. 453 OF 2003 -------------------------------------------- J U D G M E N T MACA NO. 453 of 2003 :-4-: DATED:30-7-2008