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. 1585 of 2008() ---------------------------------- OPMV.694/2001 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): CLAIMANT: ----------------------- VAJID, AGED 21, S/O.ABOOBACKER MASTER, PARASSERY, NELLIKKAPARAMBU, KARUTHA PARAMBU, MUKKAM, KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENTS: --------------------------- 1. P.P.ABDUL NAZAR, S/O.MOIDEEN KUTTY, PALAKKAMPOYIL HOUSE, MYSOORMALA P.O. MUKKAM, KOZHIKODE. 2. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, VELIMANNA BUILDING, THAMARASSERY, KOZHIKODE. R2 BY ADV. SMT.R.REMA 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. 1585 OF 2008 = = = = = = = = = = = = = = = Dated this the 11h day of February, 2010. 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)694/01. A 14 year old young boy sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.7,881/-. Aggrieved by the same the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. Learned counsel for the appellant had made available before me the reference card relating to the treatment of the claimant. A perusal would reveal that the boy had sustained a lacerated wound of 7 x 3 x .5 cms on the left side of the scalp. It was also found that there was a fracture on the clavicle. Later on C.T.Scan it was found that there were small areas of hemorrhages in the posterior frontal area, in extra cranial area and soft tissue swelling in parietal region. On 31.12.2000 he was examined and was M.A.C.A. 1585 OF 2008 -:2:- recommended for discharge. Thereafter the boy had again visited the hospital on 6.1.2001 for review of the fracture and he was advised to continue brace for the shoulder. So the materials make it very clear that he had suffered some injury on the head as well as a fracture on the clavicle and was treated as an inpatient in the hospital for eight days. Therefore I feel this is a fit case where compensation for pain and sufferings has to be increased by Rs.4,000/- and a reasonable amount of Rs.4,000/- has to be enhanced for loss of amenities and enjoyment which makes an additional compensation of Rs.8,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/- 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/-