IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 MACA.No. 596 of 2010() --------------------------------- OPMV.325/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ---------------------------------------- T.N.KRISHNAJITH, AGED 17 YEARS, S/O.T.N.JAYAKUMAR, EDACHERITHAZHE PARAMBIL HOUSE, VENGERI POST, KOZHIKODE. THE APPELLANT IS A MINOR AND IS REP.BY HIS FATHER. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. PRAVEEN P.P., AGED 34 YEARS, S/O.PRAKASHAN, THEKKAYIL VEEDU, VENGERI AMSOM DESOM, PAROPPADI, MALAPARAMBA POST, KOZHIKODE. 2. THE NEW INDIA ASSURANCE CO.LTD. REPRESENTED BY ITS DIVISIONAL MANAGER, SILVER PLAZA BUILDING, MAVOOR ROAD, KOZHIKODE. R2 BY ADV. SRI.P.MURALEEDHARAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.596 OF 2010 ............................................. Dated this the 4th day of August, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.325/2006. The claimant, a minor aged 12 years, has been awarded a compensation of Rs.7,350/= and it is against that decision, he has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the young boy had sustained fracture of the left fibula and had abrasion and pain all over the body. He was admitted in a hospital and Ext.A3 would further reveal that he had been visiting the out patient department regularly. 3. I feel that the Tribunal has not properly compensated the claimant and following enhancement is necessary. Being a young boy aged 12 years, who has to be on bed for almost 2 months, it is certain that he would have been supplied nutritious food, for which I allow Rs.1,000/=. The Tribunal has only awarded Rs.750/= towards medical expenses. The : 2 : M.A.C.A.NO.596 OF 2010 fact that he was admitted in a hospital coupled with outpatient treatment tends me to give Rs.1,500/= more towards hospital expenses as well as for bystanders expenses. The compensation granted for pain and sufferings is grossly inadequate and I award Rs.5,000/= under that head. Certainly the boy would have been deprived of playing and enjoyment of life as the children of the age would have been done and towards the same, I award another Rs.5,000/= making a total additional compensation of Rs.12,500/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.12,500/= with 7% interest on the said sum from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.596 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.OF 2010 ............................................. 2nd day of August, 2010. J U D G M E N T