IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 MACA.No. 310 of 2003() ---------------------- OPMV.136/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: -------------------------------------- ABDUL RAHOOF. C.P., S/O. C.P. MOIDEEN, CHOLAPPANIYIL HOUSE, AVILORA P.O., ELETTIL AMSOM AVILORA DESOM, KODUVALLI, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS: RESPONDENTS: ------------------------- THE KARNATAKA STATE ROAD TRANSPORT CORPORATION LTD., BANGALORE, KARNATAKA STATE. BY ADV. SRI.SHEJI P.ABRAHAM FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.310 of 2003 .................................................................... Dated this the 16th day of July, 2008. JUDGMENT Ramachandran Nair, J. The petitioner at the age of 10 suffered injuries on account of the accident involving a bus belonging to the first respondent. He suffered major injuries on his leg which led to 25% permanent disability. Appeal is filed for enhancement of compensation awarded under various heads. Even though counsel submitted that the compensation for permanent disability is inadequate, we find that the income fixed and multiplier applied are in accordance with the Second Schedule to the Motor Vehicles Act. However, we feel the compensation awarded for pain and suffering is too low because petitioner was in the hospital for more than 45 days and he underwent surgeries on several occasions. The compensation under this head is, therefore, increased from Rs.15,000/- to Rs.25,000/-. Similarly, for loss of enjoyment and amenities in life, we award a compensation of Rs.15,000/-. The additional compensation of Rs.25,000/- will be deposited 2 by the Insurance Company before the MACT along with interest at 7.5% per annum from date of application till date of deposit. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms