IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 MACA.No. 2282 of 2009(D) --------------------------------- OPMV.2514/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S)PETITIONER: --------------------------------- SAJMAL ROSHAN (MINOR), AGED 9 YEARS, REP. BY HIS MOTHER AND LEGAL GUARDIAN RABIYA, W/O.ABOOBACKER, KURUNGOTTUMMAL HOUSE, P.O. PANTHEERNKAVU, PUTHOORMADAM, KOZHIKODE . BY ADV. SRI.V.S.CHANDRASEKHARAN RESPONDENT(S) RESPONDENTS : ----------------------------------------- 1. ABDUL NAZAR T, S/O. KATHALI, AGED 39 YEARS, 12/112,THENIKKADU HOUSE, P.O. PANTHEERNKAVU, KOZHIKDE. 2. THE NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE, SILVER PLAZA BUILDING, INDIARA GANDHI ROAD, KOZHIKODE. ADV. SRI.M.MUHAMMED SHAFI FOR R1 SMT.RAJI T.BHASKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2282 OF 2009 = = = = = = = = = = = = = = = Dated this the 17th day of November, 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)2514/05. The claimant, a 5 year old minor boy, sustained injuries in a road accident and the Tribunal awarded him a global compensation of Rs.5,000/-. It is against that decision the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. Learned counsel for the appellant had made available before me a wound certificate issued by the hospital authorities regarding the injury. A perusal of the said certificate would reveal that he had sustained a degloving injury. Degloving injury means an injury which has the exposure of bony mandibular anterior and the dimension of the wound is 6 x 5 x 5 c.m. The boy was treated in the hospital as an inpatient for eight days . The M.A.C.A. 2282 OF 2009 -:2:- injury is sustained on the ankle of the leg. Certainly it is a very painful injury which would have affected the boy. But further complications are not established by any documentary evidence and therefore I proceed to determine the compensation as follows. 3. Since he was in the hospital for eight days I grant bystanders expenses at Rs.800/-. Being a boy I award Rs.500/- for extra nutritious food , Rs.200/- for damage to clothing and Rs.500/- towards transport expenses. Rs.5,000/- is awarded towards pain and sufferings and Rs.2,000/- is awarded for temporary loss of amenities and enjoyment in life which makes the total compensation at Rs.9,000/- out of which Rs.5,000/- is already awarded thereby entitling the claimant to have an additional compensation of Rs.4,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of M.A.C.A. 2282 OF 2009 -:3:- Rs.4,000/- 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/-