IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 MACA.No. 1248 of 2008() ----------------------- OPMV.2361/2000 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/ PETITIONER ----------------------- MUHAMMED ROSHAN(MINOR) AGED 17 YEARS, REPRESENTED BY HIS FATHER AND LEGAL GUARDIAN C.K.ABOOBAKCER, KONOTH HOUSE CHANNAYIL PALLIYALI, VAZHAYOOR EAST POST MALAPPURAM. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENTS/ RESPONDENTS: ------------------------------------ 1. UNNIMOYIN, CHOLAKKARAMMAL HOUSE AROOR, ALAVATTOOR, VATAKARA POST, KOZHIKODE 2. MOIDEENKUTTY, S/O. MAMU, PUTHALATH HOUSE CHERUVANNUR POST, KOZHIKODE 3. THE UNITED INDIA INSURANCE CO.LTD PERINTHALMANNA ROAD, UPHILL, MALAPPURAM. ADV. SMT.T.C.SOWMIAVATHY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 1248 OF 2008 --------------------- Dated this the 30th day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 2361/00. The claimant, a young boy aged 10 years, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.1,500/-. Aggrieved by that decision, the claimant has come up in appeal for enhancement of compensation. 2. A perusal of the award itself would reveal that he had pain on the upper arm and chest besides small abrasions on the head and tenderness on three teeth. He was admitted in the hospital on 2.4.00 and discharged on 4.4.00. It appears that a tooth of the claimant was also broken. Fortunately, the X-ray did not reveal any fracture on other parts of the body. It is recorded that he was better at the time of discharge. So taking into consideration the nature of injuries sustained by the claimant including the tenderness that has caused to the teeth and the treatment undergone by him in a private hospital, I am inclined to enhance the compensation by Rs.2,000/-. MACA No. 1248/08 2 In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.2,000/- with 7 % interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 1248/08 3