IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 MACA.No. 382 of 2010() ---------------------- OPMV.358/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER: -------------------------------------------- SHIJU, AGED 21 YEARS, D.O.B. 13/05/1987, S/O.P.ACHUTHAN NAIR, PAROL VEEDU, KODUVALLY, PUTHOOR P.O., KOZHIKODE. BY ADVS. SRI.V.S.CHANDRASEKHARAN, SMT.LEKSHMI SWAMINATHAN. RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. ABDUL SHAREEF, AGE NOT KNOWN, S/O.MOIDEEN, POOVATHINGAL VEEDU, CHATHANGOTTUPURAM P.O., VANDOOR, KOZHIKODE DISTRICT. 2. THE NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE DISTRICT. R2 BY ADV. SMT. RAJI T. BHASKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.AC.A.NO.382 OF 2010 ............................................. Dated this the 17th day of May, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in O.P.(MV).No.358/2005. The claimant, a 17 year old boy sustained injuries in a road accident. He had sustained fracture of the femur and was treated as an inpatient in a hospital for 14 days. He had also undergone a surgery. Tribunal did not accept many documents on the ground that they were not proved and there is difference in date. 2. Whatever it may be, it can be seen from the materials available that the boy had undergone a prolonged treatment which requires some sympathetic consideration. I think, towards treatment and medical expenses, an amount of Rs.4,000/= can further be awarded, a sum of Rs.3,000/= towards pain and sufferings and Rs.4,000/= for loss of amenities and enjoyment in life. The incidental expenses also have to be increased in the light of the factum of long hospitalisation and prolonged plaster cast. I : 2 : M.AC.A.NO.382 OF 2010 enhance it by Rs.1,000/=. Thus the claimant is entitled to an additional compensation of Rs.12,000/=. 3. In the result, MACA is partly allowed and the claimant is awarded an additional compensation of Rs.12,000/= with 7% 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. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.AC.A.NO.382 OF 2010