IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 MACA.No. 237 of 2010(E) ---------------------------- OPMV.1917/2000 of THE PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER -------------------------------- SALIM, S/O.MUHAMMED KUTTY, AGED 29 YEARS, PARAKKAL HOUSE, PULLOORAMPARA POST, THIRUVAMBADY, KOZHIKODE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.R.JAYAKRISHNAN RESPONDENT(S): RESPONDENTS ---------------------------------------- 1. PUTHENPARAMBIL YOONUS, S/O.KUNHIMOIDEEN,KUMARANELLUR AMSOM DESOM, MUKKOM, KOZHIKODE. 2. THE UNITED INDIA INSURANCE CO.LTD, VELIMANNA BUILDING, THAMARASSERY, KOZHIKODE. ADV. SRI.P.V.KUNHIKRISHNAN FOR R1 SRI.P.SANKARANKUTTY NAIR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 237 OF 2010 = = = = = = = = = = = = = = = Dated this the 28th day of July, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1917/00. A young man, aged 20 years, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.22,250/-. Dissatisfied with the same he has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. Learned counsel for the appellant had made available before me the documents relating to the treatment as well as the evidence of the claimant in the case. After going through the entire materials I feel this is a fit case where the compensation has to be revised and worked out. 3. A perusal of the treatment record would reveal that he was admitted on 5.3.2000 and discharged on 15.3.00. He had a fracture on the femur left and a compound M.A.C.A. 237 OF 2010 -:2:- fracture on both bones of the right leg. K-nail was done of 9 x 40 cms. and 9 x 35 cms. The claimant had been continuously visiting the hospital almost for 8 months. So this is a case where the claimant had undergone really a prolonged treatment and ultimately it was on 24.1.01 k-nail was removed and he was in the hospital for about 3 days at that point of time. It is true that no disability certificate is produced. Being an young man it is only reasonable to fix his income at Rs.2,000/- per month and for 8 months I grant Rs.16,000/- towards loss of earnings, towards transport expenses I award Rs.1,000/-. Towards damage to clothing Rs.250/- is granted. It is true that he was in the hospital only for 15 days but he would have required the assistance of somebody for some more time towards which I grant Rs.2,000/- as bystanders expenses. He has shown me the treatment bills which appears to be reasonable and I award Rs.4,500/- under that head. Towards pain and sufferings I retain the compensation of Rs.15,000/- awarded by the Tribunal taking into consideration the fact that he was under M.A.C.A. 237 OF 2010 -:3:- plaster cast for a prolonged period. Though disability certificate is not produced I am inclined to grant him Rs.10,000/- towards loss of amenities considering the difficulties undergone and to be undergone, thus making a total compensation of Rs.48,750/- out of which Rs.22,250/- has been already awarded. Or in other words the claimant is entitled an additional compensation of Rs.26,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.26,500/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. I also make it clear that for the amount awarded as well the insurance company has to pay interest at the rate of 7.5% instead of 7%. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.