IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 MACA.No. 1086 of 2010() ----------------------- ( O.P.(MV)NO.1774/2005 OF MACT, KOZHIKODE) APPELLANT(S): PETITIONER ------------------------ C.P.VIPIN DAS, AGED 19 YEARS, SON OF C.P.HARIDASAN, CHERIYAPURAYIL HOUSE, P.O.ELATHUR, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): RESPONDENTS -------------------------- 1. MUHAMMED SALIM, SON OF ABDUL RAHIM, BABY COTTAGE, NEAR MULLANKANDI PADAM, SEA SHORE ROAD, P.O.CHALAD, KANNUR. 2. THE DIVISIONAL MANAGER, THE NATIONAL INSURANCE CO.LTD., REGIONAL OFFICE, NOOR COMPLEX, ARAYADATHU PALAM, PUTHIYARA P.O., KOZHIKODE. ADV. SRI.JOE KALLIATH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1086 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2010 JUDGMENT Basheer, J. This appeal is directed against the award passed by the Motor Accidents Claims Tribunal on a petition filed under Section 166 of the Motor Vehicles Act. The appellant, a 15 year old boy suffered fracture of radius ( R) , soft tissue injury in calf ( R), Haematoma ( L) parietal area. X-ray of the right wrist further revealed that the fracture was on the lower end of radius and wrist was swollen and deformed. This was also noted in Ext.A3 discharge summary. 2. The Tribunal awarded a total compensation of Rs. 11,000/- with 7% interest thereon. 3. We have heard learned counsel for the appellant and the learned counsel for the Insurance Company. We notice that the Tribunal has awarded only a sum of Rs. 4,000/- for pain and suffering, Rs. 1500/- for loss of amenities apart from a sum of Rs. 3,000/- towards medical bills. M.A.C.A.No.1086/2010 2 4. As rightly pointed out by the learned counsel Ext.A4 series bills produced by the appellant showed that he had spent a sum of Rs. 4,391/- towards medical expenses. But the Tribunal, for some inexplicable reason, chose to award only Rs. 3,000/-. Appellant is entitled to get the balance sum of Rs. 1400/- also. 5. We have carefully perused Ext.A3 discharge summary issued by the Orthopedic Surgeon, who treated the appellant. In our view the appellant is entitled to get a sum of Rs. 10,000/- under the head of pain and suffering as against the sum of Rs. 4,000/- awarded by the Tribunal. Similarly for loss of amenities the appellant will be entitled to get an additional sum of Rs. 7,500/- . The appellant has not produced any disability certificate. Therefore no compensation can be awarded under that head. Thus the appellant will be entitled to get an additional sum of Rs. 14,900/- towards compensation. The appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. M.A.C.A.No.1086/2010 2 M.A.C.A.No.1086/2010 2