IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 MACA.No. 908 of 2009() --------------------------------- OPMV.508/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OP(MV) ---------------------- VAISAKH, S/O.ZACHARIA, VACHALAKKAL HOUSE, NADUTHURUTHU DESOM, MELOOR VILLAGE & P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS.MR.P.V.BABY MR.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) -------------------------- 1. T.K.SHAJU, S/O.NALUKANDAN CHANKAN KOCHUVAREETH, ANNALLUR, PAZHOOKKARA. 2. SUNIL, S/O.PAYYAKKAL VELAYUDHAN, PAZHOOKKARA P.O., 3. THE NATIONAL INSURANCE CO.LTD., MALIEKKAL BUILDING, MAIN ROAD, IRINJALAKUDA. 4. THE HEADMASTER, IPC ISLAMIC SCHOOL, MELADY, KOYILANDY - 673 305, KOZHIKODE. R3 BY ADV. MR.JOE KALLIATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.908 OF 2009 ............................................. Dated this the 19th day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.508/2004. The claimant, a young boy aged 13 years, sustained injuries in a road accident and the tribunal has awarded him a compensation of Rs.23,600/=. Dissatisfied with the same, the claimant 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 boy had sustained a fracture on the occipital bone extending to the base of skull. He was treated as an inpatient in a hospital for 7 days and he was diagonised as a case of head injury and thin accute sub dural haematoma over the right frontal region. It is true that there is no disability. But it has to be stated that the nature of the injury sustained really is of a serious and certainly he would have been suffered sever pain and there would have been loss of amenities for the reason that the boy would not : 2 : M.A.C.A.No.908 OF 2009 have allowed by his parents to get into the normal activity and certainly he should have been deprived from even playing for some length of time. So taking into consideration all these aspects I grant Rs.2,000/= more for pain and sufferings and Rs.3,000/= more towards loss of amenities thereby entitling the claimant to have an additional compensation of Rs.5,000/=. 3. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/= with 7% interest from the date of petition till realisaton 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.908 OF 2009