IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 MACA.No. 1562 of 2005(G) ----------------------- OPMV.1426/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/ PETITIONER: ---------------------------- SYAM RAJ, S/O. K.V. SASI, KOZHISSERY HOUSE, KOTHAKULAM BEACH, VALAPPAD VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENTS: RESPONDENTS: ------------------------- 1. T.K. KOCHUMOHAMMED, S/O. KUNHIMON, THIRUTHIKATTIL HOUSE, PADIYAM P.O., ANTHIKAD, THRISSUR DIST. 2. ANSAR A.A., S/O. ABDUL MAJEED, ATTUPARAMBIL HOUSE, PANAKULAM P.O., KARUVANNUR. 3. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, TEMPLE ROAD, TRIPRAYAR P.O.,NATTIKA BY ADV. SRI.T.N.MANOJ FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1562 OF 2005 = = = = = = = = = = = = = = = Dated this the 17th day of September, 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)1426/99. The claimant, a minor boy sustained meta carpel bone fracture and he was awarded a compensation of Rs.5,623/- by the Tribunal. The insurance company was directed to pay the amount and get it recovered from the owner namely the 2nd respondent. Learned counsel for the appellant would submit that on account of the fracture the boy had sustained disability and difficulty and the compensation awarded is inadequate. He would also submit that Ext.A8 would show that he had been detained for an year. It may be true that he was detained. But the nature of injuries does not show that long hospitalisation or long absence from classes was necessary in this case. He was inpatient in the hospital only for a day. But the facts remains that the boy had suffered a meta carpel bone fracture and there would have been some M.A.C.A. 1562 OF 2005 -:2:- inconvenience for him. So taking those aspects into consideration I award an additional compensation of Rs.2,000/- for pain and sufferings and Rs.2,000/- for loss of amenities and enjoyment in life thereby totaling an additional compensation of Rs.4,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,000/- with 6% 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 and is given a further liberty to realise it from respondents 1 and 2 in the claim petition. M.N. KRISHNAN, JUDGE. ul/-