IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 MACA.No. 2188 of 2008(B) ----------------------------------- OPMV.2707/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ VIPINDAS, (MINOR AT THE TIME OF ACCIDENT S/O.DEVADASAN, IMBRANKANDI THAZHATHU VEEDU PUTHIYANGADI AMSOM DESOM, PUTHIYAPPA,KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): RESPONDENT -------------------------------------- 1. K.G.SREEKUMAR, S/O.GOPINATHAN NAIR KAROLIN HOUSE,PONNURUTHI, THAMMANAM, KOCHI-32 ERNAKULAM DISTRICT. 2. V.P.SUKUMARAN, S/O.PADMANABHAN VADAKKE ATHIRKANDATHIL VEEDU PUTHIYAKAVU,THRIPUNITHARA AMSOM DESOM, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 3. NATIONAL INSURANCE CO.LTD BR.NO.II CODE NO 570105 P.B.NO. 2400, AJAY VIHAR,3RD FLOOR, M.G.ROAD, KOCHI. ADV. SRI.M.H.HANIL KUMAR FOR R1-2 SRI.JOBY JOSEPH (THRISSUR) FOR R1-2 SRI.JOE KALLIATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2188 OF 2008 = = = = = = = = = = = = = = = Dated this the 30th 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)2707/00. The claimant, a 8 year old boy, sustained injuries in a road accident and the Tribunal has awarded a total compensation of Rs.9,250/-. 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 and perused paragraph 6 of the award. A reading of paragraph 6 of the award would reveal that the claimant had sustained a fracture on the left hand, multiple abrasions on the arm and a depressed fracture on the left temporal region. He was an inpatient in the hospital for five days. The Tribunal observed that when he was reviewed on 5.3.97 he did not have any residual deformity and M.A.C.A. 2188 OF 2008 -:2:- paracetamol tablet alone was prescribed. It has to be remembered that the boy had sustained fracture on the hand besides depressed fracture on the frontal bone. It is certain both mentally and physically the boy would have suffered subsequently and therefore I feel this is a fit case where compensation for pain and sufferings has to be increased by Rs.3,000/-. When the boy at the age of 8 years sustained a fracture on the hand with a depressed fracture on the frontal bone certainly there will be restrictions in his movement and he will not be able to play with the boys of his same age and it would have certainly hampered his happiness which he is entitled to have at that age. This would have also caused him some temporary disability as well as loss of amenities and enjoyment. I feel this is a fit case where Rs.5,000/- has to be granted as additional compensation under that head. Therefore the claimant will be 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 M.A.C.A. 2188 OF 2008 -:3:- Rs.8,000/- with 7% 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/-