IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 MACA.No. 2113 of 2010() ------------------------------------ OPMV.614/2008 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER ------------------------------------- AKHILDAS (MINOR), AGED 16 YEARS, (DATE OF BIRTH: 28.3.1994), REPRESENTED BY MOTHER AND GUARDIAN, SUDHA, WIFE OF HARIDASAN, AGED 36 YEARS, PERINGATTU PARAMBIL, P.O.PERUMANNA, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/RESPONDENTS ----------------------------------------------- 1. MUHAMMED ASHIQUE P.E., S/O.KOYA P.E., POOVANNUR EDAKKATTU VEEDU (HOUSE), VALIYAVEETTIL, RAMANATTUKARA, NEAR NISSARI THEATRE, KOZHIKODE. 2. ABDUL RASHEED, S/O.FATHIMAKUTTY, APPAKKATTU PURAYIL (H), VALIYAPARAMBA, P.O.PULIKKAL, MALAPPURAM. 3. THE ORIENTAL INSURANCE CO.LTD., JAMEELA COMPLEX, NILAMBUR ROAD, MANJERI. R3 BY ADV. SRI.TITUS MANI. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2113 OF 2010 = = = = = = = = = = = = = = = Dated this the 21st day of January, 2011. 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)614/08. The claimant, a 12 year old boy, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.15,341/-. 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 and also the documents would reveal that the claimant had sustained a fracture on both the bones of the forearm and he had continued treatment till 29.11.06 and even on that day there was plaster cast applied which M.A.C.A. 2113 OF 2010 -:2:- would indicate that the treatment has been for some length of time. It is true that the claimant has produced only a medical bill for Rs.91/- but it has to be remembered that one may not preserve all the bills and that the nature of injuries itself demonstrate the gravity and check X-ray and other X-rays have to be taken on so many occasions and medicine also has to be consumed. Therefore taking into consideration those aspects I am inclined to grant Rs.1,000/- more towards treatment expenses. 3. The next question is regarding the loss of amenities. The Tribunal has only awarded a sum of Rs.1,500/- towards loss of amenities. It has to be remembered that the boy aged 12 years had sustained a fracture on both bones of the right forearm and his hand was in plaster cast for a considerable length of time. At the age of M.A.C.A. 2113 OF 2010 -:3:- 12 the boy would always like to play with his friends and there should have been real handicap for him in moving round and it would have prevented him from playing or enjoying in which the way he wants. It is also certain that there would have been some temporary disability for some point of time to come to his normal activities especially when his right hand is fractured. So taking into consideration these broad aspects I am inclined to grant Rs.7,000/- more towards the loss of amenities and enjoyment and therefore the claimant is entitled to an additional compensation of Rs.8,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is M.A.C.A. 2113 OF 2010 -:4:- 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/-