IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 MACA.No. 1716 of 2004(D) ------------------------------------- OPMV.2337/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER : -------------------------------------- NAZIM (MINOR), REPRESENTED BY HIS NEXT FRIEND AND GUARDIAN NISSAR, SYEDUPARAMBIL HOUSE, ERATTUPETTA. BY ADV. SRI.C.S.SUNIL RESPONDENTS/RESPONDENTS : --------------------------------------------- 1. JOY THOMAS, CHITHIRA HOUSE, KOZHA P.O., KURAVILANGADU. 2. SOMAN PILLAI, S/O.SANKARA PILLAI, THEKKEDATHU KAROTTU, VAZHOOR P.O., KODUNGAOOR. 3. NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, KOTTAYAM. BY ADV. SRI.JOE KALLIATH - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------ M.A.C.A.No. 1716 of 2004 ------------------------------ Dated this the 3rd day of July, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident claims Tribunal, Kottayam, in O.P. (MV) No. 2337/1997. The claimant a child aged aged three years, sustained injuries in a road accident and the tribunal awarded him a consolidated compensation of Rs.10,000/-. It is against that award, the appeal is preferred. The learned counsel for the appellant, had made available before me the discharge card as well as medical certificate issued by the Medical College Hospital, Kottayam. The boy had sustained a closed fracture shaft of Humerus and a closed fracture of both bones of the right forearm. He also sustained a lacerated wound over the right eye brow for which a neurological consultation was done. He was admitted on 2/03/1997 and discharged on 6/03/1997. So, it is very clear from the medical records available that the boy had sustained a communited fracture of humerus. A child aged three years should have undergone agony, experienced pain and there would have been much difficulty caused to M.A.C.A.No. 1716 of 2004 Page numbers him on account of these injuries. The fracture sustained are not of a minor nature. It is true that for a child aged 3 years one may not be able to calculate the compensation precisely, but the broad aspects are to be taken into consideration and doing so, I find that at least an additional compensation of Rs. 10,000/- has to be awarded. Therefore, the M.A.C.A. partly allowed and the claimant is awarded an additional compensation of Rs. 10,000/- with 7% interest on the said sum from the date of petition till realisation. The respondents Insurance Company is directed to deposit the amount within a period of 60 days from the date of the receipt of the copy of the judgment. M. N. KRISHNAN, JUDGE scm