IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 MACA.No. 2083 of 2007(G) ------------------------------------- O.P(MV).NO.713/2001 OF ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM. .................... APPELLANT/PETITIONER: ------------------------------------- RENAE, S/O RAMACHANDRAN NAIR, AGED 26 YEARS, RESIDING AT VARIL VEEDU, KURUMANDAL CHERRY, PARAVOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SMT.SALLY THOMAS CHACKO. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. RAVI MONY, S/O GOPALA PILLAI, VATHIRUVILA VEEDU, VADEKKUMKARA WEST, UMAYANALLOOR P.O., KOLLAM. (OWNER OF THE VEHICLE NO.KL 7/N 5468) 2. SAJEEV, S/O SUBAIR, PUTHUVEL PUTHEN VEEDU, ITHIKKARA, MYLAKKADU, ADICHANALLOOR, KOLLAM DISTRICT. (DRIVER OF THE VEHICLE NO.KL 7/N 5468) 3. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LIMITED, DIVISIONAL OFFICE, KOLLAM. (INSURER OF THE VEHICLE NO.KL 7/N 5468) BY ADV. SRI.M.A.GEORGE - R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2083 OF 2007 --------------------- Dated this the 2nd day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the II Addl. Motor Accident Claims Tribunal, Kollam, in OP(MV) 713/01. The appellant was a final year B.Sc student at the time of the accident. He had sustained injury and also a fracture of the right clavicle with another fracture on the neck of scapula. It is seen from the treatment records that he had post traumatic stiffness on the neck of right scapula and right shoulder. He had undergone treatment including physiotherapy for a period of almost five months. The Tribunal has awarded only a compensation of Rs.12,350/-. 2. I had perused the award. The prolonged treatment would certainly show that he was having recurring pain in the fracture site. Therefore I enhance the compensation for pain and suffering to Rs.12,000/- from Rs.7,500/-. Similarly no amount has been granted for the temporary loss of amenities and enjoyment in life, which I quantify as Rs.5,000/-. On all other heads reasonable compensation has been awarded by the Tribunal. Compensation for repair of the vehicle is negatived for want of evidence. This court cannot interfere MACA NO.2083/07 2 with the same. Therefore the claimant is entitled to an additional compensation of Rs.9,500/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.9,500/- with 7% interest on the said sum from the date of petition till realisation from the respondents. The Insurance Company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps