IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 M.A.C.A.No. 1762 of 2005(G) ----------------------- OP(MV).1242/1999 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): ------------------------------- DIJO D'SILVA, S/O.JOY D'SILVA, CHETTIVALAPPIL HOUSE, KADUKUTTY P.O. MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS IN OPMV.: -------------------------------- 1. FRANCIS PINHERO, S/O.MIKHAYEL, VELIYAMARATHINGAL HOUSE, KADUKUTTY P.O. 2. MANAGER, KERALA STATE INSURANCE DEPARTMENT, KERALA STATE CO-OPERATIVE AGRICULTUAL DEVELOPMENT BANK BUILDING, GANDHI NAGAR, KOCHI 20. BY SRI. V.T.K. MOHANAN,GOVERNMENT PLEADER - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1762 OF 2005 --------------------- Dated this the 1st day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 1242/99. The claimant, a minor boy aged 14 years, sustained a fracture on the right hand forearm, lacerated wound on the forehead, contusion on the chest etc., and was treated as inpatient in the St.James Hospital, Chalakudy, for 4 days. He did not produce any bills. The Tribunal granted Rs.400/- for extra nourishment, Rs.200/- towards transport charges, Rs.7,500/- for pain and suffering and Rs.2,500/- towards loss of amenities and enjoyment in life. It is true that no medical expenses had been granted. But it can be compensated under other heads. Considering the fact that the boy had sustained a fracture of the forearm and he would have been in plaster cast for a considerable length of time. Besides that, he had also suffered a lacerated wound on the forehead and even a black eye. 2. I enhance the compensation for pain and suffering by Rs.2,500/-. Certainly on account of the fracture and other injuries, the MACA No.1762/05 2 boy would have suffered pain and there would have been temporary disability, loss of amenities and enjoyment in life. I enhance the compensation under that head by Rs.2,500/-. Therefore, the claimant will be entitled to an additional compensation of Rs.5,000/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 7% interest on the said sum from the date of petition till realisation. The second respondent is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.1762/05 3