IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 MACA.No. 701 of 2009() ---------------------- OPMV.223/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): PETITIONER ------------------------ JINEESH (MINOR),AGED 17 YEARS, S/O.KUMARAN @ SATHYAKUMARAN, REP.BY FATHER AND GUARDIAN KUMARAN @ SATHYAKUMARAN, KARUKANDATHIL HOUSE,PUKAYOOR, TIRURANGADI. BY ADV. SRI.K.GOPALAKRISHNA KURUP SRI.S.MANU RESPONDENT(S): RESPONDENTS -------------------------- 1. THACHANGODAN MUJEEB, S/O.VEERANKUTTY,PULIKKATHODI HOUSE, KARIPPOOR,CHIRAYIL. 2. UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE,ARAFA BUILDING, COURT ROAD,MAJERI. ADV. SMT.RAJI T.BHASKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.701 OF 2009 ............................................. Dated this the 4th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Tirur in O)P(MV)No.223/2002. A 11 year old boy sustained injuries in a road accident and he has been awarded a compensation of Rs.80,020/= with 9% interest. 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 very bad injuries and at the time of admission in the hospital, flesh and skin were totally out and it was a pathetic sight. Later, examination revealed that he had type-3 bone fracture, dislocation of left ankle and fracture of the metatarsal. The boy was initially hospitalised for 35 days from 15.2.2002 to 20.3.2002, then from 28.3.2002 to 19.4.2002 and again from 12.4.2007 to 15.4.2007. Thus he had undergone total of 76 days of hospitalization. The Tribunal also refers to the photograph which reveals deformity sustained to the leg. The learned : 2 : M.A.C.A.No.701 OF 2009 counsel for the appellant had made available copies of the photograph which really present a pathetic situation. The boy had lost one academic year of attendance and a medical board constituted had granted 10% disability. It has to be stated that the Tribunal was not unreasonable to the claimant and had awarded compensation on all heads totalling to Rs.80,020/=. But I feel, in a case of this nature something more has to be given for the following reasons: 3. The boy at that time was almost under constant medical treatment for two years. There is dis figuration and lack of strength. The nature of injury sustained being crush injury which had resulted in protrusion would indicate that the boy had suffered excruciating pain for long number of days. 4. I feel this is a fit case where at least an amount of Rs.20,000/= has to be awarded for pain and sufferings and therefore, I enhance the same by Rs.5,000/=. Similarly for loss of amenities as well the compensation has to be increased for the reason that the boy at a playable age is deprived from playing and finds it difficult to meet his day to : 3 : M.A.C.A.No.701 OF 2009 day activities in life which had resulted in total sadness. I award a sum of Rs.5,000/= more under the head of loss of amenities. When a person lost one year of education, it will have a telling effect on him and discontinuity at the upper primary level will result in degradation of standard of education for the child. Though it cannot be compensated really in terms of money, I award a sum of Rs.7,000/= thereby entitling the claimant to have an additional compensation of Rs.17,000/=. 5. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.17,000/= with 9% interest on the said sum from the date of the 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 : 4 : M.A.C.A.No.701 OF 2009 : 5 : M.A.C.A.No.701 OF 2009