IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 MACA.No. 1492 of 2009() ----------------------- OPMV.1005/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER:- ----------------------------- ANIL KUMAR, AGED 22 YEARS S/O.VISWANATHAN, PALLITHODI HOUSE KARUVANTHIRUTHI POST, FEROKE, KOZHIKODE. BY ADV. MR. V.S.CHANDRASEKHARAN RESPONDENTS/RESPONDENTS:- ------------------------------------ 1. P.PREMARAJAN, S/O.PARANGODAN AGE NOT KNOWN, RESIDING AT ERIYAPADAM HOUSE KARUVANTHIRUTHI POST, FEROKE,KOZHIKODE. 2. THE NEW INDIA ASSURANCE COMPANY LTD BRANCH OFFICE, TRIPURI BUILDING, EAST NADAKKAVU,KOZHIKODE. ADV. MR. P.JAYASANKAR FOR R2 MR. K.M.FIROZ FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1492 OF 2009 ............................................. Dated this the 26th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.1005/2000. The claimant, a minor, aged 13 years at the time of the accident, sustained injuries in 2000 and he has been awarded a compensation of Rs.8,650/=. Dissatisfied with the same, the claimant has come up in appeal 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the claimant had sustained a lacerated wound on the right leg with undisplaced fracture of the middle one third of the left clavicle. He was treated in the Medical College Hospital and had expended Rs.542/=. There is no material to show that there had been terrible agony for this person. But taking into consideration the fact that the he had sustained undisplaced fracture of left the clavicle, I am inclined to enhance the compensation by Rs.3,350/= that is by making it Rs.12,000/= which is the minimum no fault : 2 : M.A.C.A.No.1492 OF 2009 liability prior to the amendment act. 3. Therefore the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.3,350/= with 6% interest from 29.5.2000 till 12.10.2006 and from 27.5.2009 till realisation. The respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.1492 OF 2009