IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 MACA.No. 103 of 2009() ---------------------- OPMV.2846/2003 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/CLAIMANT: ---------------------------- SAYYAD ALI AJSAL, AGED 12 YEARS, REP.BY HIS MOTHER AND LEGAL GUARDIAN, T.AMINA, ELAYEDATH PARAMBU P.O. PERUMUGHAM, FEROKE VIA, KOZHIKODE. BY SMT.K.V.RESHMI, ADVOCATE RESPONDENTS/RESPONDENTS: ------------------------------------- 1. C.MARAKKAR, S/O. MOHAMMED, AGED 43 YEARS KODAKKALLU PARAMBIL HOUSE, CHULLI PARAMBU, FEROKE POST, KARINKALLAI, KOZHIKODE. 2. THE NEW INDIA INSURANCE CO.LTD. BRANCH OFFICE: PEETHERI BUILDING, FEROKE, KOZHIKODE. BY MR.BABU S. NAIR, ADVOCATE FOR R1 MR.K.RAKESH, ADVOCATE FOR R1 MR.P.JAYASANKAR, ADVOCATE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN,J =========================== M.A.C.A.No.103 of 2009 =========================== Dated this the 7th day of January, 2010 JUDGMENT This appeal is preferred against the award of the Claims Tribunal, Kozhikode, in O.P.(M.V).No.2846/2003. The claimant, a 7 year old boy, sustained injuries in a road accident and he has been awarded a compensation of Rs.6,500/-(Rupees six thousand and five hundred only). Dissatisfied with the same the claimant has come up in appeal. 2. Heard the counsel for both sides. A perusal of the award would reveal that the boy had lost three teeth in the accident and there was gingival laceration and also a laceration on the chin. The boy was also subjected to X-ray of the skull. He was treated as an inpatient for four days. Recalculation of compensation is done as follows: 3. Being a young child aged seven years for loss of one tooth at the rate of Rs.1,000/-(Rupees one thousand only) I award Rs.3,000/-(Rupees three thousand only). Towards pain and sufferings on account of the injury coupled with apprehension of head injuries I grant Rs.5,000/-(Rupees five thousand only). M.A.C.A.No.103/2009 2 Towards the medical expenses I award a sum of Rs.2,000/- (Rupees two thousand only) and towards temporary loss of amenities and enjoyment further sum of Rs.2,000/-(Rupees two thousand only) is granted. Thereby fixing total compensation of Rs.12,000/- (Rupees twelve thousand only). Rs.6,500/-(Rupees six thousand five hundred only) was already awarded. So, the claimant is entitled to get additional compensation of Rs.5,500/- (Rupees five thousand five hundred only). In the result, the M.A.C.A. is partly allowed. The claimant is awarded an additional compensation of Rs.5,500/-(Rupees five thousand five hundred only) with interest at the rate of 7% per annum from the date of petition till realisation. The second respondent-Insurance Company is directed to deposit the said amount within a period of 60 days form the date of receipt of a copy of the judgment. M.N.KRISHNAN, JUDGE dvs