IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 M.A.C.A.No. 1926 of 2006(C) ----------------------- OPMV.186/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/CLAIMANT: ------------------------------------ CHIRAKADAVATH ANILKUMAR, S/O.MADHAVAN NAIR, ANIL NIVAS, CHULLIPPARA P.O., VIA.VALAKKULAM, MALAPPURAM DISTRICT. BY ADV. SRI.A.KRISHNAN RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. V.C. JACOB @ SAJI, S/O. CHACKO, VANDANATH VAYALIL, KATTILAPURAVAN, MADAKKATHARA P.O. 2. LILLY JOHN, W/O.P.A. JOHN, PULLADAN HOUSE, CHEERACHI P.O., OLLUR, TRICHUR. 3. NATIONAL INSURANCE COMPANY LIMITED BRANCH OFFICE, SREE NARAYANA TOURIST BUILDING GURUVAYOOR. BY ADVS. SRI.P.V.CHANDRA MOHAN FOR R2 SRI.LAL GEORGE 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. 1926 OF 2006 ------------------------------- 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, Tirur in O.P.(MV)No. 186/01. The claimant, a 23 year old man, sustained fracture of the femur and he had been awarded a compensation of Rs. 51,000/- by the Tribunal. He was inpatient in the hospital for 29 days. The Tribunal accepted the disability at 1% and awarded the compensation. 2. I had perused the award on all heads and almost a reasonable compensation has been awarded. For a fracture of the femur, 1% disability is taken for which the Tribunal cannot be blamed for the reason that it was the document produced by the claimant himself. But in such circumstances it is always desirable that some compensation is granted under the head of loss of amenities and enjoyment in life. When a 23 year old man sustained fracture and there is a shortening of the leg by half an inch, it would certainly result in inconvenience to him at his young age. M.A.C.A.No. 1926/06 -2- Therefore I feel it is a fit case where an amount of Rs. 7,000/- can be granted as an additional compensation. Therefore the M.A.C.A. is partly allowed and the claimant is awarded an additional compensation of Rs. 7,000/- with 7% 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