IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 MACA.No. 3185 of 2009() ----------------------- OPMV.2297/2004 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER: ---------------------------------------------- NIZAR.K.C., AGED 28 YEARS, S/O.ASSAIN, KAIPPURATH CHALIL HOUSE, NARIKUNNI POST, PARANOOR, KOZHIKODE. BY ADV. MR.V.S.CHANDRASEKHARAN RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. MOHAMMED FAIZAL C.P., S/O.MOIDEEN, AGE NOT KNOWN, RESIDING AT CHERATTUPARAMBATH HOUSE, PARAMBIL P.O., KOZHIKODE. 2. NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE, SILVER PLAZA BUILDING I.G.ROAD, KOZHIKODE. R2 BY ADV. MR.A.C.DEVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.3185 OF 2009 ............................................. Dated this the 8th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.2297/2004. The claimant, a 24 year old manual labourer, sustained injuries in a road accident and the tribunal has awarded him a compensation of Rs.27,646/=. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard. The learned counsel for the appellant very strongly contends before me that the compensation awarded is inadequate. A perusal of the award would reveal that the claimant had sustained a fracture of the left tibial condyle and initially he was treated as an inpatient in a hospital from 23.9.2004 to 11.10.2004 (18 days). Subsequently he was readmitted on 9.2.2006 and discharged on 15.2.2006. He had incurred a sum of Rs.8,096/= for medical expenses. 3. Since he is a coolie by profession, he would have been prevented from doing work for a period of four : 2 : M.A.C.A.No.3185 OF 2009 months. Considering his income as Rs.2,000/= per mensum, the claimant is given an additional compensation of Rs.4,000/= towards loss of earnings. He was inpatient in a hospital for 25 days and therefore towards bystanders expenses at the rate of Rs. 100/= per day the claimant is entitled to an additional compensation of Rs.1,500/=. When a person sustains a fracture of the tibial condyle and undergoes a prolonged treatment, it is certain that there would be loss of amenities and enjoyment in life, especially a young man aged 24 years would be cut out from his normal enjoyment in life. Therefore considering those aspects, I am inclined to grant a sum of Rs.3,000/= more towards loss of amenities and enjoyment in life. Thus, the claimant is entitled to an additional compensation of Rs.8,500/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,500/= with 8% interest from the date of petition till realisation and the respondent insurance company is : 3 : M.A.C.A.No.3185 OF 2009 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 : 4 : M.A.C.A.No.3185 OF 2009