IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 MACA.No. 2027 of 2009(F) --------------------------- OPMV.380/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA. ....................... APPELLANT(S): (PETITIONER) --------------------------------- JOBIN JOY,AGED 9 YEARS,S/O.M.P.PHILIP @ JOY, MUTHATTUMALAYIL HOUSE, KAYAKUNNU P.O., MANANTHAVADY TALUK, WYNAD DISTRICT.(PETITIONER BEING MINOR REP.BY HIS NEXT FRIEND AND GUARDIAN, FATHER M.P.PHILIP@JOY S/O.PAILY,MUTHATTUMALAYIL(H) KAYAKUNNU P.O., MANANTHAVADY TALUK, WYNAD DIST.). BY ADV. SRI.N.J.ANTONY RESPONDENT(S): (RESPONDENTS) ----------------------------------------- 1. SHAJI, AGED 21 YEARS,S/O.BAPUTTY, ILANJIKKAL VEEDU,KAIPPANCHERRY,P.O. S.BATHERY, S.BATHERY TALUK, WAYANAD DIST. PIN 673592. (DRIVER OF THE MOTOR CYCLE NO.TN-59/6555.D.L.NO. NOT KNOWN). 2. ROBY KURIAKOSE, AGE NOT KNOWN, S/O.M.J.KURIAKOSE, POOMARATHUKADU ESTATE, KANVERI P.O., ERNAD, SALEM, TAMILNADU. (OWNER OF THE MOTOR CYCLE NO.TN-59/6555). 3. UNITED INSURANCE CO.LTD., KALPETTA. PIN 673590. (POLICY NO.NOT KNOWN. VALID FROM 06/03/2001 TO 05/03/2002). R3 BY ADV. JOHN JOSEPH VETTIKAD. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2027 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)380/01. The claimant, a 9 year old boy, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.11,500/-. 2. A perusal of the award especially paragraph 7 would reveal that he was admitted in the Institute of Maternal and Child Health, Calicut on 21.6.2001 and discharged on 26.6.2001. The C.T.Scan revealed a thin extradural haematoma in left temporal area, with a linear fracture in the left parietal bone and frontal bone extending to roof of the orbit. The Tribunal has awarded reasonable amounts for transport, extra nourishment, damage to clothing etc. but the Tribunal awarded only Rs.7,000/- towards pain and sufferings and no amount has been granted M.A.C.A. 2027 OF 2009 -:2:- for loss of amenities. The boy aged 9 years had sustained a head injury and was in the hospital for 5 days and there was a fracture on the parietal bone and it would have certainly caused him agonizing pain and therefore considering that aspect I am inclined to grant Rs.3,000/- more towards pain and sufferings. Similarly on account of this injury the boy would have become incapacitated in doing his normal activities including playing with the children of his same age and therefore towards loss of amenities I grant a sum of Rs.3,000/-. Thus the claimant will be entitled to an additional compensation of Rs.6,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/- with 6% interest on the said sum from the date of petition till realisation and the insurance company 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/-