IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 MACA.No. 743 of 2010() ------------------------------- OPMV.2590/2005 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S)/PEPTITIONER IN THE OPMV :- --------------------------------------------------------------- YAHYA,S/O.ABDURAHIMAN,AGED 22 YEARS, THAYARIL HOUSE, THAYYILKADAVU PO, VELIMUKKU, MALAPPURAM DISTRICT. BY ADVS. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S)/RESPONDENTS IN THE OPMV :- ------------------------------------------------------------------- 1. SAINUDHEEN,S/O.MUOYTTY,4/534, KADOKKATTUPURA HOUSE,CHELARI, MALAPPURAM DISTRICT. 2. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, MALAPPURAM DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.743 OF 2010 ............................................. Dated this the 18th 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.2590/2005. The claimant, a 17 year old boy, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.21,750/=. Dissatisfied with the same, he has come up in appeal for enhancement. 2. Heard the learned counsel. A perusal of the award would reveal that he had sustained a communited fracture of tibia and fibula. He was admitted on 2.9.2005 and discharged on 20.9.2005. He had produced medical bills for Rs.2,306/=. The Tribunal also found that there was continued treatment thereafter. On perusal of the photographs, the court observed that there is slight deformity of the leg due to the accident. I feel that some enhancement has to be given in this case on the following heads: 3. The Tribunal should have given the medical expenses : 2 : M.A.C.A.NO.743 OF 2010 as claimed and therefore, I award Rs.2,500/= under that head. He was treated as an inpatient in a hospital for 18 days and so towards bystander's, incidental and other expenses, I enhance Rs.2,000/=. The Tribunal has only awarded Rs.2,500/= towards loss of amenities which has to be slightly increased for the reason that the boy had some dislocation of the leg as well. This would have been a temporary phenomena at least for a short time. So I enhance that compensation by Rs.3,500/= thereby making an additional compensation of Rs.8,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/= with 7% interest on the said sum 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.A.C.A.NO.743 OF 2010 : 4 : M.A.C.A.NO.743 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.OF 2010 ............................................. 2nd day of August, 2010. J U D G M E N T