IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 MACA.No. 2666 of 2009() -------------------------------- OPMV.512/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER --------------------------------------------- BINSON JOSEPH, AGED 20 YEARS, S/O.BABY JOSEPH, THAIPPARAMBIL-ANAPPARAMBIL, PADINJARATHARA P.O., VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENT(S): RESPONDENTS ---------------------- 1. T.IBRAHIM, AGE NOT KNOWN, S/O.MOIDU HAJI, THOTTOLI HOUSE, THARUVANA POST, MANANTHAVADY TALUK. (DRIVER CUM OWNER OF THE MOTOR CYCLE NO. KL-12/6740, D.L.NO.NOT KNOWN). 2. UNITED INDIA INSURANCE CO.LTD., KALPETTA BRANCH, (POLICY NO.NOT KNOWN). R2 BY ADV. SRI.RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J ===================== MACA No.2666 OF 2009 ===================== Dated this the 26th day of July 2010 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)No.512/2002. A minor boy aged 15 years sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.6,900/-. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the learned counsel for the insurance company. Learned counsel for the appellant had made available before me the documents relating to treatment. I may also like to point out that the Tribunal should incorporate the nature of injuries in the award for the purpose of appreciation by the appellate court. The injuries sustained are tenderness on the hip and MACA 2666/2009 -:2:- various abrasions on different parts of the body. A radiological examination confirmed the fracture of medial mellelous. The claimant was treated as an inpatient from 10.9.2002 to 14.9.2002. He had expended amounts for treatment as well. Therefore taking into consideration the nature of injuries the following enhancement is granted. The boy at the age of 15 had sustained a fracture on the ankle. He would have suffered severe pain as well as loss of amenities for some point of time. Similarly, bystander would have been necessary for some time. I award Rs.4,000/- more towards pain and suffering, Rs.3,000/- more towards loss of amenities and Rs.500/- each towards extra nourishment and bystander expenses, making 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 the date of award, i.e. 29.5.2007 and from 23.10.2009 till MACA 2666/2009 -:3:- realisation. 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/-