IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 MACA.No. 591 of 2010() ---------------------------------- OPMV.782/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP(MV) --------------------------------------------------------- RAGESH, S/O.SUNIL KUMAR, RESIDING AT NADUVATHINI MEETHAL VEEDU P.O., NELLIKODE, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN SMT.P.Y.SHEHEERA RESPONDENT(S): RESPONDENTS IN OP(MV) ---------------------------------------------------------------- 1. GOKUL KUMAR, RESIDING AT 7/183, VALLIKKATTU HOUSE, CHERUVANNOOR, P.O.KOLATHARA, KOZHIKODE. 2. N.HEMARAJ, S/O.N.SURENDRAN, MEMGA, 38/1989, NEAR PISHARI KAVU, P.O.EDAKKAD, KOZHIKODE. 3. UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, WHILTE LINES BUILDING, KALLAI ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.591 OF 2010 ............................................. Dated this the 4th day of August, 2010. 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.782/2006. The claimant, a 15 year old boy at the time of the accident, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.39,250/= of which Rs.15,000/= represents medical expenses. Dissatisfied with the same, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel and perused the award. A perusal of the award would reveal that the claimant had sustained a cumminuted supracondylar fracture of the left femur with inter condylar expension and posterior condylar fracture with resultant wound on the same. He was treated in the Medical College Hospital to start with and again in the District Co-operative Hospital. He was an inpatient in the hospital for three occasions - 10.1.2006 to 21.1.2006, 9.3.2006 to 14.3.2006 and 18.9.2007 to 21.9.2007, i.e., : 2 : M.A.C.A.NO.591 OF 2010 almost for a period of 21 days. A surgery has been done and implantations were removed. The boy had also undergone a long physiotherapy treatment. Similarly it is also noted by the Tribunal that the boy was complaining about stiffness to the left leg. 3. So taking into consideration all these factors, I find that following enhancement can be granted. The boy at the age of 15 had sustained a very serious fracture on the femur which required implantation and had undergone a prolonged treatment. Certainly there would have been temporary disability for him and he would not have been in a position to play with the boys of his same age and there would have been lot of restrictions on his movement and therefore, certainly would have suffered loss of amenities and enjoyment in life as well. So for the temporary disability and loss of amenities, considering the nature of the fracture, I am inclined to grant a sum of Rs.9,000/=. Being a boy, who had a very long hospitalisation coupled with the treatment in the house with plaster caste, I allow Rs.1,000/= towards nutritious food by making it an additional compensation of : 3 : M.A.C.A.NO.591 OF 2010 Rs.10,000/=. The Tribunal should have given interest at the rate of 7.5%. So the the interest is also modified to that level. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/= with 7.5% interest from the date of 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. It is also made clear that for the entire amount awarded by the Tribunal as well, the interest rate shall be 7.5%. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 4 : M.A.C.A.NO.591 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.OF 2010 ............................................. 2nd day of August, 2010. J U D G M E N T