IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 MACA.No. 172 of 2005() ---------------------------------- OPMV.812/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT - PETITIONER; ----------------- UNAIS, S/O. RAZAAK (MINOR) AGED 5 YEARS, REP. BY HIS FATHER RAZAAK, PAZAYARIYIL (H), MUTHALAKODAM KARA, THODUPUZHA VILLAGE. BY ADV. SRI.T.I.ABDUL SALAM RESPONDENTS: RESPONDENTS. ------------------------- 1. JALEEL, S/O. ALIYAR, CHEEMPARAYIL HOUSE, MUTHALAKODAM P.O., MUTHALAKODAM KARA. 2. VIJAYAN T.K., THOTTIPARAMBIL (H), MUTHALAKODAM P.O., THODUPUZHA. 3. ORIENTAL INSURANCE CO. LTD., THODUPUZHA. BY ADV. SRI.P.V.JYOTHI PRASAD - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 172 OF 2005 = = = = = = = = = = = = = = = Dated this the 20th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)812/00. The claimant sustained injuries in a road accident and the documents reveal that he had sustained SCF otorrhea left ear. He was treated as an inpatient in the hospital from 24.12.99 to 17.1.00. His medical bill itself came to about Rs.28,691/-. He had visited the hospitals on many occasions and the Tribunal awarded him reasonable compensation on many other heads. But in the absence of any disability certificate did not grant him any disability compensation. But the Tribunal also did not grant him any amount for loss of amenities and enjoyment in life. Otorrhea is any discharge from the external ear which may be serous, sanguinous, purulent or contain cerebrospinal fluid. So it is not a very simple injury but it can be caused on account of so many factors. This young boy on account of the same would have M.A.C.A. 172 OF 2005 -:2:- suffered serious problems and it would have taken some time to become normal. Therefore I feel this is a fit case where an amount of Rs.12,000/- can be awarded as compensation for temporary disability and for loss of amenities and enjoyment in life. Therefore the MACA 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 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. M.N. KRISHNAN, JUDGE. ul/-