IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 MACA.No. 1272 of 2010() ----------------------- ( OPMV.805/2007 of PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE) .................... APPELLANT/PETITIONER ------------------------------------- MUHAMMED SAFVAN,(MINOR),AGED 10 YEARS, D.O.B.25/05/1997.REPRESENTED BY HIS FATHER AND LEGAL GUARDIAN BICHU KOYA,THAMPURANKANDI HOUSE, KADALUNDI POST,KOZHIKODE. BY ADVS. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. K.KRISHNANKUTTY,AGE NOT KNOWN, SHISHIJA NIVAS,FEROKE POST,WEST NALLUR, KOZHIKODE. 2. GIREESH.T,S/O.LAKSHMANAN,AGED 27 YEARS, KATHILLATH HOUSE,FEROKE POST,KOZHIKODE. 3. THE ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE,SEEMA BUILDING,GH ROAD, KOZHIKODE. R3 BY ADV. SMT.A.SREEKALA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1272 OF 2010 = = = = = = = = = = = = = = = Dated this the 31st day of January, 2011. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)805/07. The claimant, a minor boy, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.29,250/-. Dissatisfied with the same the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. Learned counsel for the appellant very strongly contends before me that though medical expenses of Rs.22,300/- produced the Tribunal only granted Rs.10,000/-. It is also contended that on several grounds as well the compensation of the Tribunal is grossly inadequate. So far as M.A.C.A. 1272 OF 2010 -:2:- the medical expenses are concerned the Tribunal has very clearly stated that in majority of the bills the name of the patient is subsequently interpolated and therefore after deleting those bills the Tribunal awarded a sum of Rs.10,000/-. Unfortunately the claimant did not mount the box or adduce any evidence to make his stand clear. Therefore I cannot interfere with the said factual finding by the Tribunal. The only head which I feel that enhancement is necessary is under the head of loss of amenities and enjoyment. 3. The young boy aged 10 years had sustained a fracture on the right humerus. Certainly this would have handicapped him for a quite a long time and the child would not have been in a position to play just like other boys of his same age. Similarly his movements would M.A.C.A. 1272 OF 2010 -:3:- have been certainly restricted by the injury and therefore this is a fit case where some compensation more has to be awarded under the head of loss of amenities and enjoyment. Therefore I enhance that compensation by Rs.6,000/-. On all other heads the amount awarded is reasonable. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/- with 7% 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/-