IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 MACA.No. 1517 of 2006() ----------------------- OPMV.1775/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ------------------------------------- ABDUL NASID, S/O.BEERANKUTTY (MINOR), REP. BY MOTHER SAKEENA MUKKANNAN, W/O.BEERANKUTTY, CHATAYIL HOUSE, NAYA BAZAR, P.O.CALICUT AIRPORT, KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.K.SHIBILI NAHA RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. KOTTAM KOTTUMMAL SADITH, S/O.KUNHABDULLA, KOTTAMKOTTUMMAL HOUSE, VYNAD ROAD, THONDIPOYIL DESOM, KUTTIADI AMSOM, CALICUT DISTRICT. 2. P.JAMEELA, W/O.KUTTIALI, CHERIYA VALAPPIL HOUSE, KUTTIYADI, CALICUT DISTRICT. 3. NATIONAL INSURANCE CO. LTD., THALASSERY. BY ADV. SRI.RAJAN P.KALIYATH - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1517 OF 2006 ===================== Dated this the 24th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)No.1775 of 2000. A young boy aged 5 years sustained fracture of the right femur shaft and also fracture on the mandible at both sides. The Tribunal has awarded him a compensation of Rs.9,663/- which I feel is grossly inadequate. In the award nothing is discussed also. I feel this is a fit case where the following enhancement can be granted. 2. Considering the nature of the serious fractures sustained by the boy, though accident is of the year 1999, I give him Rs.2,000/- towards enhanced compensation for pain and suffering. Certainly on account of the fracture on both mandibles and fracture on the right femur shaft, there would have been considerable difficulty for the child even to take food and certainly he would have been prevented from joining his company for play and he would have required the assistance of somebody for his day-to-day activities for a considerable length of time. Therefore, I grant him an MACA 1517/2006 -:2:- amount of Rs.8,000/- towards loss of amenities and enjoyment in life. Therefore, the claimant will be entitled to an additional compensation of Rs.10,000/-. MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.10,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-