IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 MACA.No. 903 of 2005(D) ---------------------------- OPMV.1200/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): /PETITIONER: ----------------------------------- SAJEEV, S/O. MAJEED, WAYALAIPUTHEN HOUSE, PADA SOUTH, KARUNAGAPPILY, KOLLAM DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.SREEKANTH.K.R SRI.M.V. THAMBAN APPEARED RESPONDENT(S)/RESPONDENT: --------------------------------------- 1. B. SALIM, S/O. BASHEER, SALIM MANZIL, PADA NORTH, KARUNAGAPPILLY VILLAGE KOLLAM DISTRICT. 2. SHIJU, S/O. RAJAPPAN, KAVUMPURATH, PADINJARETHARA P.O., KARUNAGAPPILLY, KOLLAM DISTRICT. 3. THE MANAGER, ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE-EBENEZER GARDEN, 1ST FLOOR, NEAR EDAPPALLY GOVERNMENT HIGH SCHOOL, EDAPPILLY, KOCHIN. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 903 OF 2005 = = = = = = = = = = = = = = = Dated this the 7th day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1200/99. The claimant, a 20 year old fish vendor, sustained injuries in a road accident. He had sustained fracture of the right scapula and had lost one tooth and was treated as an inpatient in the hospital for three days. The Tribunal awarded him a total compensation of Rs.36,274/- with 6% interest. It is against that decision the claimant has come up in appeal for enhancement. 2. The learned counsel for the appellant would argue that no amount has been given for extra nutritious food and that the compensation awarded for pain and sufferings is inadequate and the disability compensation is also low as well as the compensation towards loss of amenities and enjoyment in life. M.A.C.A. 903 OF 2005 -:2:- 3. Heard the learned counsel for both the sides. The Doctor who had issued the certificate had been examined as PW1 in this case. The Doctor was not in a definite position to say whether there is real problem for him in gripping things. He was not able to answer whether one can pretend. Whatever it may be, this young man had suffered a fracture on the scapula and he is expected to carryout manual physical exertion everyday. Therefore I think some enhancement can be given towards loss of amenities and enjoyment in life. Similarly some reasonable amount can be awarded for pain and sufferings and also for extra nutritious food and other expenses. I increase the compensation for pain and sufferings by Rs.2,000/-, loss of amenities by Rs.2,000/- and extra nourishment and other expenses by Rs.1,000/- thereby totaling a sum of Rs.5,000/-. The Tribunal has only awarded an interest of 6% which has to be enhanced to 7% for the entire amount. In the result the MACA is partly allowed and disposed of as follows. The claimant is awarded an additional M.A.C.A. 903 OF 2005 -:3:- compensation of Rs.5,000/- with 7% interest on the said sum from the date of petition till realisation and the respondent, insurance company is directed to deposit the amount within a period of sixty days from the date of receipt of a copy of the judgment. The insurance company is also directed to pay an interest of 7% for the entire amount already awarded. M.N. KRISHNAN, JUDGE. ul/-