IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 MACA.No. 2198 of 2009(B) ----------------------- OPMV.584/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER: ----------------------------------- ABBAS ALI @ SHAHABAS, S/O.SULAIMAN, THURAKAL HOUSE, CHEERANKUNNU, MEENANGADI P.O. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S)/ RESPONDENTS: -------------------------------------- 1. M.J.ABRAHAM, S/O.JACOB, AGED 39 YEARS, MADAPPALLIL HOUSE, CHULLIYODE, NENMENI AMSOM, S.BATHERY TALUK, WAYANAD DISTRICT. 2. UNITED INDIA INSURANCE CO.LTD., KALPETTA (LOCAL BRANCH OF THE INSURER BRANCH OFFICE, NOORANAL BUILDING, CHUNGAM, S.BATHERY). ADV. SRI.A.V.JAMES FOR R1 SRI.P.DALBI EMMANUEL FOR R1 SRI.P.SANKARANKUTTY NAIR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2198 OF 2009 = = = = = = = = = = = = = = = Dated this the 10th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)584/02. A 16 year old boy sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.8,750/- and dissatisfied with the same the claimant has come up in appeal for enhancement. 2. The learned counsel for the appellant had made available before me for perusal copy of the documents. The wound certificate would reveal that he had sustained a head injury and some injury over the maxilla with disturbances on the incisors. He was treated as an inpatient from 6.11.02 to 12.11.02. The C.T.Scan taken on 7.11.2002 revealed fracture on the base of the skull. The treatment certificate issued by the same hospital would reveal fracture on the base of the skull with mobility of two teeth and fracture on the root of one tooth. So these are the materials available. M.A.C.A. 2198 OF 2009 -:2:- Considering the nature and seriousness of the injury and the factum of a head injury coupled with facial injury I feel that the compensation for pain and sufferings awarded by the Tribunal is inadequate and therefore I enhance that compensation by Rs.5,000/-. Similarly on account of the fracture on the base of the skull with mobility of teeth and fracture of one tooth there would have been loss of amenities and enjoyment in life for which I grant a sum of Rs.3,000/-. On all other heads adequate compensation has been awarded. Therefore the claimant is entitled to 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 7.5% 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/-