IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 MACA.No. 1909 of 2008() --------------------------------- OPMV.1811/2002 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): CLAIMANT: ----------------------- MUNEER, AGED 18 YEARS, S/O.T.K.IBRAHIM HAJI, PUTHENTHERUVIL VEEDU, KADAVOOR AMSOM DESOM, THAMARASSERY, KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENTS: --------------------------- 1. P.ABDURAHIMANKUTTY, PADINJARAKANDY HOUSE THACHAMPOYIL POST, THAMARASSERY, KOZHIKODE. 2. THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, WHITE LINES BUILDING, KALLAI ROAD, KOZHIKODE. R2 BY ADV. MR.K.SANDESH RAJA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1909 OF 2008 ............................................. Dated this the 11th day of February, 2010. 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.1811/2002. A minor boy, aged 12 years, who was travelling in a goods vehicle, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.12,500/= and exonerated the insurance company from the liability. It is against that decision, the claimant has come up in appeal for enhancement. 2. Though the owner cum driver is served, he has not entered appearance before this Court as well and the insurance company is represented but it has no liability. I proceed to analyse the matter. A perusal of the discharge summary issued by the Valley Hospital, Thamarassery would reveal that the boy was admitted on 23.2.2002 and discharged on 21.3.2002 and a surgery was done on 10.3.2002 and there was skin grafting. There was an injury in the left knee joint of 12cmx8cm. There was substantial : 2 : M.A.C.A.No.1909 OF 2008 skin lost and so skin drafting had to be done. Thereafter he was discharged on 21.3.2002. The Tribunal itself found that the medical expenses incurred is Rs.7,905/=. So, an amount of Rs.7,100/= is granted towards medical expenses. The boy was in the hospital for 29 days as inpatient and therefore towards bystander's expenses, I award a sum of Rs.3,000/=. Towards extra nourishment to the boy a sum of Rs.1,000/= is awarded. Towards transport expenses, a sum of Rs.500/= is awarded and towards damages to clothing an amount of Rs.300/= is awarded. The boy has sustained serious injuries with tissue loss and skin grafting was done and the boy would have suffered excruciating pain for which, I award a sum of Rs.8,000/= under that head. Towards loss of amenities and enjoyment, a nominal compensation of Rs.4,000/= is awarded by making a total compensation of Rs.23,900/=. Out of this, an amount of Rs.12,500/= is already awarded by the Tribunal and therefore the claimant is entitled to an additional compensation of Rs.11,400/=. 3. In the result, the MACA is partly allowed and the : 3 : M.A.C.A.No.1909 OF 2008 claimant is awarded an additional compensation of Rs.11,400/= with 7.5% interest on the said sum from the date of petition till the realisation and the 1st respondent owner cum driver 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 : 4 : M.A.C.A.No.1909 OF 2008