IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 MACA.No. 2187 of 2008() ------------------------------------ OPMV.387/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ ABHISHEK.T.P, AGED 16 YEARS (MINOR), REP. BY FATHER RAMACHANDRAN, S/O. DAMU, THAZHATHA PEEDIKAYIL, PUTHIYAPPAN, PUTHIYANGADI POST, KOZHIKODE. BY ADV. MR.P.V.KUNHIKRISHNAN RESPONDENT(S): RESPONDENTS -------------------------- 1. MOIDEENKOYA, S/O. KOYASEAN KOYA, VAZHIPOKKIL THAZHATH, KIZHAKKUMMURI POST, KAKKODI, KOZHIKODE. 2. THE UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, SECOND FLOOR, SEEMA TOWERS, BANK ROAD, MAVOOR ROAD JUNCTION, KOZHIKODE. R2 BY ADV. MR.UNNI. K.K. (EZHUMATTOOR) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2187 OF 2008 ............................................. Dated this the 8th day of December, 2009 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.387/2002. The claimant, a 9 year old boy, sustained injuries in a road accident on 28.2.2001. He was treated as an inpatient in Medical College Hospital from 28.2.2001 to 7.3.2001. At the time of admission, he had a contusion on the left orbital region and an abrasion of 2x2cm over the dorsum. Later C.T.scan of the head was taken and a thin fracture lying extending along the orbital root right side with mild diffuse brain odema was noticed. Most probably it was the reason that the boy was treated in the hospital as inpatient for 7 days. I have perused the copy of the wound certificate and there is nothing to indicate any suspicious nature or bogus entry in the document. 2. Therefore, I proceed to fix the compensation as the boy was having a thin lying fracture on the orbit. I award a sum of Rs.1,130/= for medical expenses, Rs.1,000/= towards : 2 : M.A.C.A.No.2187 OF 2008 bystanders expenses and extra nourishment Rs.500/= towards transport expenses, Rs.5,000/= towards pain and sufferings and Rs.1,000/= towards loss of amenities by making it Rs.8,630/= of which Rs.4,130/= is granted and therefore, the claimant will be entitled to an additional compensation of Rs.4,500/=. 3. In the result, MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,500/= with 7.5% interest on the said sum from the date of the petition till realisation and the respondent insurance company 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 : 3 : M.A.C.A.No.2187 OF 2008