IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MACA.No. 1066 of 2004() ----------------------- OPMV.632/1995 of 1ST ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER ------------------------------------- USMANKOYA, S/O.K.T.MOIDEEN KOYA, KUNCHIMOIDEENTHODUKAYIL HOUSE, P.O.WEST HILL, KACHERI AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/ RESPONDENTS ---------------------------------------------- 1. T.M.AYSHA, W/O.ABDUL KHADER, THEKKAYIL HOUSE, KANNANKADAVU, KAPPAD, KOYILANDY TALUK, KOZHIKODE DISTRICT.(OWNER OF VEHICLE KL-11/8644, AMBASSADOR CAR). 2. K.SIRAJ, AGED 22 YEARS, S/O.ABOOBACKER, SAMEERA MANZIL, P.O.VENGALAM, ELATHUR, KOZHIKODE DISTRICT. (DRIVER OF VEHICLE KL-11/8644) (BADGE NO. 802/92). 3. THE NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE, EAST NADAKKAVU, CALICUT, (INSURER). BY ADV. SRI.M.JACOB MURICKAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1066 OF 2004 ===================== Dated this the 8th day of July 2008 JUDGMENT This appeal is preferred against the award of the I Addl.Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.632 of 1995. The claimant, a boy aged 10 years sustained fracture of the tibia(R) middle portion and part of the bone protruded outside through an external wound. He was admitted in the Institute of Maternal and Child Health, Calicut where he continued inpatient treatment for 12 days. Surgery was done on him on 29.7.1994. It can be seen from Ext.A7 certificate issued by the Head Mistress of the school in which the injured was studying that claimant was absent continuously from 29.7.1994 to 13.3.1995, i.e almost throughout the academic year. Ext.A8 is the index card from the Institute of Maternal and Child Health, Calicut which shows continued treatment for acute infection consequent to the injuries sustained by him in the motor accident. It is true no disability certificate is produced. When a child is not able to attend the school from July to almost towards end of March, necessarily there would not be sufficient attendance for him so as to make MACA 1066/2004 -:2:- him to go to the next class. So, virtually there is loss of one academic year. Here, the documents available would show continued treatment for acute infection and certainly the boy would have lost all his amenities and enjoyment in life. A boy aged 10 years who wants to run around and play has been confined to bed for a period of one year, that too, with acute pain. I feel this is a fit case where at least an amount of Rs.10,000/- more has to be awarded under the head loss of amenities and enjoyment in life and a sum of Rs.5,000/- for the loss of the academic year. Therefore the claimant will be entitled to an additional compensation of Rs.15,000/-. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.15,000/- with 7% interest on the said sum from the date of petition till realisation and 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/-