IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 MACA.No. 698 of 2004() --------------------------------- OPMV.1471/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER ------------------------------------- ABDUL ROUF S/O. ABDU, AGED 21, KUNNATHODI HOUSE, P.O.ARIPRA, ANGADIPURAM, VIA. BY ADV. SRI.K.P.MUJEEB RESPONDENTS: ----------------------- 1. A.MANI ( A.MANI) S/O. ARU, KUPPIYODE HOUSE, ELAPULLY, PALAKKAD (DRIVER CUM OWNER) 2. THE ORIENTAL INSURANCE COMPANY LTD., PALAKKAD. BY ADV. SRI.P.V.JYOTHI PRASAD - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.698 OF 2004 ===================== Dated this the 7th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)No.1471 of 1998. The claimant aged 16 years sustained lacerated wound on the parietal region coupled with a depressed fracture. He was treated as an inpatient in the Moulana Hospital, Perinthalmanna for 6 days. He had produced medical bills for Rs.12,683.37. The Tribunal did not accept the medical bills for Rs.7,500/- and proceeded to award a consolidated sum of Rs.15,000/-. It is against that decision, the present appeal is filed. 2. Heard the learned counsel for the appellant as well as the counsel for the insurance company. A perusal of the F.I. Statement would reveal that the boy was having some avocation. It can also be seen that he had sustained a depressed fracture of the parietal bone. He was treated in a private hospital with head injury. The Tribunal did not apply its mind properly to discard the medical bills. Considering the nature of injuries and the treatment he had undergone, I award him Rs.9,000/- towards medical MACA 698/2004 -:2:- expenses. For 6 days hospitalization and extra nourishment, I award a sum of Rs.1,100/-. For damage to clothing I award him Rs.300/-. Towards pain and suffering a minimum amount of Rs.7,000/- is granted. Certainly on account of the depressed fracture on the parietal bone, certainly the boy would have lost his amenities and enjoyment in life. Therefore I grant him an amount of Rs.3,000/- under that head. An amount of Rs.1,000/- is awarded towards transport expenses considering the number of trips he would have to make. Towards loss of earning I award him Rs.2,000/-. Thus the claimant will be entitled to a compensation of Rs.23,400/- out of which Rs.15,000/- has already been granted. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.8,400/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-