IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 MACA.No. 506 of 2006() -------------------------------- OPMV.1615/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) ----------------------------------------------- JITHIN.A.J., S/O.JOSE, AYAKKADAN HOUSE, PADIYOOR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/ RESPONDENTS IN OP(MV) -------------------------------------------------------------- 1. JYOTHI RASHMIN VISHARIA, SOMAIYA BUILDINGS, R.NO.37/38, 4TH FLOOR, 107 KESHAYJI NAIK ROAD, MUMBAI. 2. MOIDEEN, S/O.KUNJUMARAKAR, ARIPPURATH HOUSE, VELLANGALLORE P.O. 3. MANAGER, UNITED INDIA INSURANCE CO.LTD., MAIN BRANCH OFFICE, MUMBAI. BY ADV. SRI.MATHEWS JACOB (SR.) - R3 SRI.JACOB MATHEW.P. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 506 OF 2006 = = = = = = = = = = = = = = = Dated this the 26th 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, Irinjalakuda in O.P.(MV)1615/99. The claimant a boy aged 11 years sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.15,000/-. It is against that decision, the present appeal is preferred. A perusal of the award would reveal that the boy had sustained lacerated wound on the left foot with skin and flesh peeled off, lacerated wound over the parietal bone multiple abrasions on face and nose etc. and loss of two teeth. It is seen that he had undergone inpatient treatment in a private hospital for 17 days. The Tribunal also did see the photographs of the claimant. No amount towards medical expenses is seen granted. It is submitted the father who was treating him died and bills could not be located. When a person is an inpatient in a hospital for 17 days, that too in a private hospital at least an amount of Rs.5,000/- has to be M.A.C.A. 506 OF 2006 -:2:- awarded towards treatment expenses and I do so. Being the fact that skin and flesh are peeled off and there are facial injuries by which the boy would have suffered a lot. Therefore, towards pain the sufferings I allow Rs.3,000/- as enhanced compensation, for loss of teeth Rs.5,000/- is granted, but at the sum of Rs.3,000/- each, I fix it Rs.6,000/-, thus an additional compensation under that head by Rs.1,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.9,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.9,000/- 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/-