IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 MACA.No. 978 of 2009() ---------------------- OPMV.1796/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP(MV) ---------------------------------- HARIS @ MUHAMMED HARIS (MINOR) REP. BY HIS FATHER AND LEGAL GUARDIAN IBRAHIM, S/O.MUHAMMEDALI, RESIDING AT KARUPPAN VEETTIL HOUSE, THETTATHU PARAMBIL, 8/41, P.O.FEROKE, CHUNGAM, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. ABOOBACKER, S/O.UMMER, RESIDING AT KAPPIL, MUSALIYARAKATH HOUSE, P.O.PONNANI, MALAPPURAM. 2. V.SAKKEER HUSSAIN, S/O.KUNHAMU, RESIDING AT RAZIYA MANZIL, CHULLIKKAD P.O., KALLAI, KOZHIKODE. 3. UNITED INDIA INSURANCE COMPANY LIMITED, CITY BRANCH I, RAMEEZ ARCADE, C.H.FLY OVER JUNCTION, CHEROOTTY ROAD, KOZHIKODE. ADV. SMT.R.REMA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.978 OF 2009 ............................................. Dated this the 22nd day of December, 2009 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.1796/2004. A boy, aged 3 years, sustained injuries in a road accident and the Tribunal has awarded him a sum of Rs.4,500/= for fracture of the tibia. I do not want to say anything about the award but I will proceed to discuss on the basis of the document made available before me. 2. The boy immediately after the accident was taken to Koya’s Hospital at Feroke where it was confirmed that he has sustained a fracture of the tibia. He was referred to the Medical College Hospital. He was admitted in the Medical College Hospital on that day itself and discharged on the next day which also had confirmed the fracture of the tibia and X-ray showed fracture of the tibia one third plus breaking fibula. His leg was put under plaster cast and was discharged on the next day. 3. It is certain that the boy's leg would have been : 2 : M.A.C.A.No.978 OF 2009 under plaster cast for so many days. It is true that no other convincing document is produced to show any other follow up treatment or no disability certificate is produced before the court. When a young child at the age of 3 sustains fracture, it is really a punishment for the young child because movement of the child is totally prohibited and unlike elders the child may not understand the seriousness of the ailment. So, certainly the boy on account of the injury, suffered severe pain and there was temporary disability and loss of amenities at least for a some time. 4. Taking into consideration all these facts, I feel a sum of Rs.6,000/= has to be awarded towards pain and sufferings and another Rs.4,000/= towards temporary disability and loss of amenities thereby enhancing the compensation by Rs.10,000/=. 5. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/= with 7% 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 : 3 : M.A.C.A.No.978 OF 2009 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.978 OF 2009