IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 MACA.No. 1000 of 2008() --------------------------- OPMV.273/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------- SHAHUL HAMEED, ERANHIKKAL AMSOM AND DESOM, P.O.ERANHIKKAL, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): RESPONDENTS -------------------------- 1. VIJAYAN, AGED 28 YEARS, S/O GOPALAN, KOLLAM KANDIYIL HOUSE, P.O.KAKKODI, PADINHATTUMMURI, KOZHIKODE. 2. K.K.ABDUL RAHIM, AGED NOT KNOWN, S/O MOIDEEN KOYA, KODIKANDI HOUSE, PAYYOLI, KOZHIKODE DIST. 3. UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, KALLINGAL BUILDING, P.B.NO.17, MAIN ROAD, VATAKARA. ADV. SMT.T.C.SOWMIAVATHY FOR R3 SMT.K.V.RESHMI FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1000 OF 2008 --------------------------------- Dated this the 13th day of January, 2009 JUDGMENT This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.273/2000. The claimant, a 15 year old boy, sustained injuries in a road accident and he has been awarded a compensation of Rs. 6,500/-. The claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the Insurance Company. The learned counsel for the appellant had produced before me the reference card issued by Medical College Hospital, Kozhikode. It would show that he was admitted on 14.12.98 and discharged on 18.12.98. He had a fracture of the tibia with minimal displacement. It is also seen that plaster cast was applied and it was there till 4.3.99 and on 24.6.99 advice was given for continuing to mobilise of knee. So it is seen that the boy had pain and suffering and leg was under plaster cast for a considerable length of time. The compensation awarded appears to be grossly inadequate. At the age of 15, the boy had sustained a fracture of the tibia with displacement and his leg was under plaster M.A.C.A.No. 1000/2008 -2- cast for more than 3-4 months. He would not have been in a position to enjoy or play during the period and certainly a fracture on the leg would affect the mobility of the person. When such a prolonged treatment is undergone, it will cause lot of pain and suffering. So taking into consideration these aspects I enhance the compensation for pain and suffering by Rs. 7,000/- and loss of amenities and enjoyment by Rs. 5,000/-, making an additional compensation of Rs. 12,000/-. Therefore the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 12,000/- with 7% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm