IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 MACA.No. 782 of 2008(B) -------------------------- OPMV.686/2000 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): /PETITIONER. ----------------------------------- MUHAMMED NISSAR, AGED 14 YEARS, SON OF MUHAMMED, THATHAMMAPOYIL HOUSE, P.O.MAYILALAMPARA, KANNAPPAN KUNDU, VIA- THAMARASSERRY, KOZHIKODE DISTRICT, PIN - 673 586. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): RESPONDENTS 1,2 & 3. ----------------------------------------------- 1. SHAIK MAMMU, SON OF KUNHEED, KUNNATHU HOUSE, KUPPADITHARA AMSOM, PADINJARETHARA, WAYANAD. 2. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, HOSPITAL JUNCTION, MANNARKKADU. 3. P.ABDU,M S/O. AMMAD,PANNIYODAN VEEDU, KUPPADITHARA AMSOM, PADINHARATHARA, WAYANAD. ADV. SRI.SIBY MATHEW FOR R2 SRI.PHILIP J.VETTICKATTU FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 782 OF 2008 = = = = = = = = = = = = = = = Dated this the 29th day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)686/00. The claimant, a 14 year old boy, sustained injuries in a road accident and the Tribunal awarded a total compensation of Rs.24,750/-. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the counsel for the appellant as well as the insurance company. A perusal of the award would reveal that he had sustained multiple abrasions on the left side of the face and lacerations on the left eyebrow. He had also sustained fracture on the left humerus and fracture of first and second ribs on the right side. He was treated as an inpatient in the Medical College Hospital where he had undergone inpatient treatment for a period of 20 days from 10.12.99 to 1.1.00. A perusal of the document would reveal that about 50 c.c. of blood was drained out as a part of M.A.C.A. 782 OF 2008 -:2:- treatment and his fracture was of a compound nature and he had undergone treatment thereafter as well for some point of time. A boy aged 14 years had sustained a Grade I fracture of the humerus coupled with fracture on the ribs and the impact of the fracture of the ribs made to drain out the blood which was in the system and therefore the boy would have taken some time to come back to his normalcy. When a boy of 14 years sustained injuries in the form of fracture, he would not be in a position to play or enjoy as the boys of his age used to have. It would have resulted in loss of confidence to some extent also for some point of time. So taking note of all these things it is certain that there would have been temporary inconvenience as well. Therefore a compensation of Rs.10,000/- has to be granted under loss of amenities and inconvenience instead of Rs.3,000/- thereby entitling the claimant to an additional compensation of Rs.7,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of M.A.C.A. 782 OF 2008 -:3:- Rs.7,000/- 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. M.N. KRISHNAN, JUDGE. ul/-