IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 MACA.No. 1335 of 2007() ----------------------- OPMV.105/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITONER: ------------------------------------ DIDEESH, S/O. KOODAPPUZHA RAVI, UPPUZHI JOSEPHADI DESOM, MATTATHUR VILLAGE,MUKUNDAPURAM TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENTS: RESPONDENTS: ------------------------------------------------ 1. A.U.THILAKAN, (OWNER) S/O. LATE UNNI, ARANAKKAL HOUSE, NANDIPULAM P.O., THRISSUR DT. 2. SANTHOSH KUMAR C.G.(DRIVER) S/O. KARGERLY GANGADHARAN NAIR, NANDIPULAM DESOM, P.O. VARANDARAPPILLY VILLAGE, MUKUNDAPURAM TALUK. 3. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, CITY HEIGHTS BUILDING, SOUTH JUNCTION, CHALAKUDY. BY ADV. SRI.RENJITH THAMPAN FOR R.1 SMT.P.A.ANITHA SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1335 OF 2007 = = = = = = = = = = = = = = = Dated this the 25th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)105/02. The claimant, a 14 year old boy sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.33,918/-. It is against that decision, the present appeal is preferred. A perusal of the award would reveal that the boy had sustained a fracture on the epicondyle, i.e., humerus and he had also other injuries including a soft tissue injury over the lumbar spine. He was treated initially as inpatient for 4 days and the treatment records would reveal that his hand was under plaster cast for quite a long time and he continued treatment even up to 27.3.02. A disability certificate was issued fixing it as 13% and a perusal of the disability certificate would reveal that the disability for the boy is the functional difficulty to hold and carry objects. It is not impossibility but only difficulty. Therefore I feel that the M.A.C.A. 1335 OF 2007 -:2:- Tribunal was right in fixing the disability at 7% and calculated the compensation. But I find that under the head of loss of amenities and pain and sufferings the Tribunal has not awarded adequate compensation considering the length of treatment and the factum of injuries including the incised injury on the spine, I award him Rs.2,000/- more towards pain and sufferings. The boy aged 14 years was unable to play and move as he liked and that would have caused him real loss of amenities and enjoyment in life. I award Rs.2,000/- more under that head. Therefore I enhance the compensation by Rs.4,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,000/- 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/-