IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 MACA.No. 1994 of 2009(E) --------------------------- OPMV.1411/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S)/CLAIMANT: -------------------------------- MUHAMMED ALFAS (MINOR) AGED 7, REP. BY HIS FATHER AND LEGAL GUARDIAN, ISMAIL, S/O. LATE BICHAVA, AGED 35, YEARS, KALLUVALAPPAIL HOUSE, THENHIPALAM P.O., MALAPPURAM. BY ADV. SMT.K.V.RESHMI RESPONDENT(S)/RESPONDENTS: --------------------------------------- 1. MOIDEENKUTTY, S/O. MOIDEEN, VALIYA PARAMBIL HOUSE, THE TIRURANGADI, MALAPPURAM. 2. THE ORIENTAL INSURANCE CO . LTD., DIVISIONAL OFFICE, SEEMA BUILDING, G.H. ROAD, KOZHIKODE. ADV. SMT.A.SREEKALA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1994 OF 2009 = = = = = = = = = = = = = = = Dated this the 7th day of September, 2010. 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)1411/06. The claimant, a minor boy, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.6,050/-. Dissatisfied with the quantum the claimant has come up in appeal. 2. Heard the counsel for the appellant and Smt.Sreekala.A for the Insurance Company. A perusal of the award would reveal that the boy had sustained a very long injury on the forehead of 12 x 5 x .5 cm and also clavicle fracture. The scan report reveal there was soft tissue swelling in the right parietal region. There was also a suspicious undisplaced fracture of the frontal bone on left side with adjacent soft tissue. The length of the injury is quite high. The nature of injury is in the head as well as in the clavicle. The Tribunal also saw the child from the Court. M.A.C.A. 1994 OF 2009 -:2:- It observed that there is a mark on the forehead. No symptoms of fracture on clavicle was noticed. Normally being an internal injury external mark will not be there for a clavicle fracture. But the medical records reveal sustainment of the same. So taking into consideration these aspects I am inclined to give the following enhancement. 3. I grant Rs.6,000/- more towards pain and sufferings. Rs.3,000/- more is granted towards loss of amenities and Rs.1,000/- more is granted towards bystanders expenses, treatment and nutritious food, thus making an additional compensation of Rs.10,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- 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/-