IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 MACA.No. 2909 of 2008() --------------------------------- OPMV.824/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP(MV) ------------------------- VAJIDH (MINOR) AGED 11 YEARS, S/O.P.T.ABDULLA KOYA, D.O.B 25/10/1997, REPRESENTED BY HIS FATHER AND LEGAL GUARDIAN P.T.ABDULLA KOYA, KUTTIKKADU VEEDU, PAYYANAKKAL, KALLAYI POST, KOZHIKODE. BY ADVS. SMT.LATHA PRABHAKARAN MR.K.M.JAMALUDHEEN RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. ABDUL GAFOOR, S/O.CHOKKU, PANIYIL THARAMMAL HOUSE, ARAKKINAR POST, KOZHIKODE. 2. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, PRAMOD BUILDING, CHEROOTY ROAD, KOZHIKODE. R2 BY ADV. MR.P.V.JYOTHI PRASAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2909 OF 2008 = = = = = = = = = = = = = = = Dated this the 24th day of September, 2009. 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)824/02. The claimant, a minor boy aged 5 years, sustained injuries in a road accident and the Tribunal has awarded him a global compensation of Rs.8,000/-. It is true that there was an application for sending him to a Medical Board, it was allowed by the Court and it was ultimately dismissed for non taking of steps to do the same. I think this is a fit case where even without a disability certificate the case can be disposed of. 2. The injury sustained by the claimant are fracture of both bones of the leg, i.e. tibia and fibula. He was admitted on 13.12.2001 and discharged on 19.12.2001. Plaster cast was applied and cheek X-ray, though acceptable on 16.12.2001 revealed oedema. Thereafter also some treatment was given for the boy. With this I calculate the compensation. M.A.C.A. 2909 OF 2008 -:2:- 3. On account of the injury sustained to the boy aged 5 years I think the father or the mother would have been prevented from attending their work for a period of six to eight weeks. I award a sum of Rs.2,000/- for the same. Towards medical expenses considering the nature of the injuries and the length of treatment I am inclined to grant Rs.1,000/-. Towards transport expenses plus nutritious food I grant an amount of Rs.1,000/-. The boy on account of the fracture would have suffered severe pain and sufferings for which I award a sum of Rs.8,000/-. The boy aged 8 years was not able to play or mix with children of his same age and thereby has deprived him of his enjoyment in life and it would have also caused him loss of amenities for a considerable length of time. Taking into consideration that aspect I am inclined to allow an amount of Rs.5,000/- whereby the total compensation would come to Rs.17,000/- out of this Rs.8,000/- has been awarded by the Tribunal and so the claimant is entitled to an additional compensation of Rs.9,000/-. M.A.C.A. 2909 OF 2008 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.9,000/- with 7.5% 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/-