IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 MACA.No. 1750 of 2008() ----------------------------------- OPMV.766/2003 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE OP MV:- ---------------------------------------------------------- MUHAMMED SHAMEER @ SHAMEER MINOR, AGED 17 YEARS, S/O ABDUL SALAM, REPRESENTED BY FATHER, ABDUL SALAM, MUNDOCHALIL HOUSE,UNNIKULAM POST, THAMARASSERY VIA, KOZHIKODE. BY ADV. MR.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENTS IN THE O.P.(MV): ----------------------------------------------------------------------- 1. ABDUL MAJEED, S/O MUHAMMED KUTTY, VELLONGATH HOUSE, VAVADU POST, KODUVALLY, KOZHIKODE. 2. MUHAMMED YASIR M, S/O. ABDUL GAFOOR, AGED 22 YEARS, MOUTHERI HOUSE, MANGADU POST, OONOOR, KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, MAIN ROAD, VELIMANNA BUILDING, THAMARASSERY, KOZHIKODE. R3 BY ADV. MR.UNNI. K.K. (EZHUMATTOOR). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1750 OF 2008 = = = = = = = = = = = = = = = Dated this the 17th day of September, 2009. 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)766/03. The claimant, a 13 year old boy, sustained injuries in a road accident as a result of which he had an undisplaced fracture of the upper end of ulna. He was only treated as outpatient. The Tribunal awarded a sum of Rs.10,000/- but considering the fact that a 13 year old boy had sustained a fracture of the ulna it is definite that his hand would have been under plaster cast for a considerable length of time and that the boy would not have been able to play or mix with the friends of his age which the boys of the said age like to have. So taking into consideration this aspect I am inclined to give an amount of Rs.2,000/- more for pain and sufferings and Rs.3,000/- more towards loss of amenities and enjoyment in life. M.A.C.A. 1750 OF 2008 -:2:- 2. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 7% 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. Since the amount involved is small, permission is granted to withdraw the entire amount. M.N. KRISHNAN, JUDGE. ul/-