IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MACA.No. 172 of 2004() ---------------------- OPMV.215/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S)/PETITIONER: ----------------------------------- VADAKKEPARAMBAN MANZOOR BABU, AGED 20 YEARS, S/O. ABDULLA, P.O. MODAPOIKA, EDAKKARA. BY ADV. SRI.K.P.MUJEEB RESPONDENT(S): RESPONDENTS: --------------------------- 1. KAKKARI SIVADASAN, S/O. VASU, KARALAM AMSOM DESOM, THRISSUR (DRIVER). 2. K.S. CHANDRAN, S/O. SREEDHARAN, KADOOKADAN HOUSE, KARALAM AMSOM (OWNER). 3. UNITED INDIA INSURANCE CO.LTD., IRINJALAKKUDA. 4. THE SECRETARY, MALAPPURAM DISTRICT CO-OP.MOTOR VEHICLES LTD., MALAPPURAM (OWNER). 5. NEW INDIA ASSURANCE CO.LTD., MANJERI. ADV. SRI.V.RAJENDRAN FOR R.4 SRI.P.G.GANAPPAN FOR R5 SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.172 of 2004 -------------------------------------- Dated this the 2nd day of December, 2008. JUDGMENT Thomas P.Joseph, J. Appellant is aggrieved by what he called the insufficiency of compensation awarded by the Tribunal for the injuries suffered by him in a motor accident on 28.5.1996 and preferred this appeal. 2. Heard counsel for the appellant and contesting respondent. 3. Point for consideration is whether appellant is entitled to get enhanced compensation. 4. Perused the relevant records. 5. The point. As against the claim for compensation of Rs.1,50,000/- Tribunal awarded Rs.40,300/- which according to the appellant is meager. Ext.A2, copy of the wound certificate shows that appellant suffered fracture of right femur shaft with abrasion on the knee. Ext.A3 is the medical certificate which revealed that appellant underwent inpatient treatment for 18 days at Little Flower Hospital, Angamaly. Ext.A4, out patient ticket issued from that hospital and Ext.A5, out patient ticket issued from Moulana Hospital, Perintalmanna show continued treatment of the appellant. He produced Ext.A7 series, medical bills for Rs.9,404.25. Appellant is a driver by occupation and produced Ext.A8, copy MACA No.172/2004 2 of driving licence. Tribunal observed from Ext.A9, discharge card that appellant had undergone inpatient treatment for five days and was subjected to operation on 28.7.2000. Considering these aspects, Tribunal awarded Rs.40,300/- (break up figure is given in paragraph 9 of the award). 6. It is seen that Tribunal has fixed the monthly income of the appellant as Rs.2,700/- and compensation is awarded for loss of earnings for four months. Considering the nature of the injuries and period of treatment, we are satisfied that compensation awarded for loss of earnings is justified. Taking Ext.A7 series, Rs.10,000/- has been awarded for treatment expenses. Compensation has also been awarded for transportation to hospital, extra nourishment, damage to clothings and pain and suffering undergone. On going through the award and considering the nature of injuries we are not persuaded to think that any enhancement is required in the compensation awarded by the Tribunal. 7. But, it is seen that Tribunal has not awarded compensation for discomfort and loss of enjoyment of amenities of life arising from fracture of right femur, shaft. It is true that appellant did not produce any evidence to show that he is afflicted with any disability consequent to the fracture. But, the fact that fracture of right femur, shaft would result in some discomfort and inconvenience and consequently that affected the enjoyment of amenities of life cannot be disputed. Considering the age of the appellant, his occupation as driver and possible discomfort and consequent limitations for enjoyment of amenities of life, we are inclined to award Rs.5,000/- as compensation on that MACA No.172/2004 3 count. In view of the above, additional compensation payable to the appellant is Rs.5,000/- which will carry interest at the rate of 7.5% per annum from the date of application till realization. Resultantly, this appeal is allowed in part. Over and above the compensation awarded by the Tribunal, appellant is allowed to realize Rs.5,000/- (Rupees Five thousand only) by way of additional compensation with 7.5% interest per annum from the date of application till realization from respondents 1 to 3, jointly and severally. Third respondent being the insurer of the offending vehicle is directed to deposit that amount in the Tribunal. On such deposit, appellant is allowed to withdraw the same. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks MACA No.172/2004 4 J.B.Koshy & Thomas P.Joseph, JJ. M.A.C.A.No. 172 of 2004 JUDGMENT 2nd December, 2008