IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 MACA.No. 1331 of 2009() ----------------------- OPMV.2625/2002 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN O.P(MV): ------------------------------------------------------------- NAJULA, D/O.ABDUL MAJEED, AGED 25 YEARS, KARUVACHALIL HOUSE, P.O.KOKKALLOR, VIA-BALUSSERY, CALICUT. BY ADVS. MR.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN. RESPONDENT(S): RESPONDENTS IN OP(MV): -------------------------------------------------------------------- 1. PRAMOD KUMAR, RADHA NILAYAM, IRINGAL, VADAKARA, KOZHIKODE. 2. SAJEEVA C.K.,S/O.KUNHIKANNAN, AGED 31 YEARS, CHERUKUNNUMMAL HOUSE, KAKKODI POST, KOZHIKODE. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE VELIMANNA BUILDING, THARAMARASSERY, KOZHIKODE. R3 BY ADV. SMT.R.REMA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A. No.1331 OF 2009 ............................................. Dated this the 29th day of March, 2010. J U D G M E N T This is an appeal preferred against the award of Claims Tribunal, Kozhikode in O.P.(MV)No.2625/2002. The claimant, a 18 year old girl, sustained injuries in a road accident and she has been awarded a compensation of Rs.24,250/=. It is against that decision, the claimant has come up in appeal. 2. Heard the learned counsel for the claimant as well as the insurance company. A perusal of the wound certificate would reveal that the girl had sustained fracture of shaft of femur and she was referred to the Medical College Hospital. It is submitted that she was an inpatient in the hospital for 10 days and implantation was done. It is true that no document is forthcoming to prove the treatment in the Medical College Hospital, but the fact remains that she had been referred to the Medical College Hospital. The next document produced is a reference card issued by the Kozhikode District Co-operative Hospital. It shows that the claimant was admitted on 17.2.2002 and discharged on : 2 : M.A.C.A. No.1331 OF 2009 21.2.2002. On 19.2.2002 she underwent implantation removal under general anesthesia. The document also would show that she had a 13 months old fracture of shaft of femur with K nail. So it is very clear that the girl had sustained a serious fracture of the femur. She had undergone inpatient treatment and implantation was done which was removed after a period of 13 months. Fracture of the femur certainly would cause pain and sufferings and there would be immobility for a considerable length of period and it will also result in loss of amenities and enjoyment in life. 3. So taking into consideration all these aspects, I am inclined to award Rs.3,000/= towards pain and sufferings and Rs.3,500/= towards loss of amenities and enjoyment in life thereby entitling the claimant to have an additional compensation of Rs.6,500/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,500/= with 7.5% interest 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 : 3 : M.A.C.A. No.1331 OF 2009 receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A. No.1331 OF 2009