IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1000 of 2008()
1. SHAHUL HAMEED,
... Petitioner
Vs
1. VIJAYAN, AGED 28 YEARS,
... Respondent
2. K.K.ABDUL RAHIM,
3. UNITED INDIA INSURANCE COMPANY LTD.,
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent :SMT.T.C.SOWMIAVATHY
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :13/01/2009
O R D E R
M.N. KRISHNAN, J
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M.A.C.A.No. 1000 OF 2008
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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
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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
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