IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 MACA.No. 562 of 2006(G) ----------------------------------- (O.P(MV).NO.1490/1999 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA - THRISSUR) .................... APPELLANT/PETITIONER: ------------------------------------- ANANDU (MINOR), AGED 11 YEARS, S/O. RAJAN, PALAKKADA HOUSE, VARANDARAPILLY, REPRESENTED BY NEXT FRIEND MOTHER SHOBHANA, W/O RAJAN, PALAKKADA HOUSE, VARANDARAPILLY. BY ADVS. SRI.M.V.THAMBAN, SRI.SREEKANTH.K.R. RESPONDENTS: ------------------------ 1. P.B. ABHILASH, PULLARKATTIL HOUSE, KUZHIKKATTUSSERY P.O. 2. SURSH M.C., S/O. CHANDRAN, MANAPULLY HOUSE, CHEMBUCHIRA P.O. 3. DISTRICT INSURANCE OFFICER, KERALA STATE INSURANCE DEPARTMENT, THRISSUR. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 562 OF 2006 = = = = = = = = = = = = = = = Dated this the 24th day of September, 2010. 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)1490/99. The claimant, a 5 year old boy, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.10,700/-. Dissatisfied with the same the claimant has come up in appeal. 2. Heard. A perusal of the award would reveal that the young boy had sustained fracture on the temporal bone and occipital area. He was treated as an inpatient for six days in the hospital. The Tribunal was satisfied with the injuries sustained and that is why it has recorded, “It also shows that the petitioner sustained fracture right frontal and occipital area pneumatocoeles.” Unfortunately the Tribunal has M.A.C.A. 562 OF 2006 -:2:- awarded grossly an inadequate compensation in this case. The nature of injuries shows that there had been serious involvement of the head and certainly the boy would have suffered severe pain and sufferings. When one sustains a head injury it can create problem even after years and therefore taking into consideration these aspects I am inclined to grant Rs.5,000/- more towards pain and sufferings. It is true that a disability certificate is not produced. Certainly the boy would have been deprived of loss of amenities and enjoyment in life. Therefore I award Rs.5,000/- more towards loss of amenities and enjoyment in life. Therefore the claimant is awarded an additional compensation of Rs.10,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- with 7.5% interest on the said sum from M.A.C.A. 562 OF 2006 -:3:- the date of petition till realisation and the 3rd respondent 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/-