IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2027 of 2009()
1. JOBIN JOY,AGED 9 YEARS,S/O.M.P.PHILIP @
... Petitioner
Vs
1. SHAJI, AGED 21 YEARS,S/O.BAPUTTY,
... Respondent
2. ROBY KURIAKOSE, AGE NOT KNOWN,
3. UNITED INSURANCE CO.LTD., KALPETTA.
For Petitioner :SRI.N.J.ANTONY
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :14/01/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 2027 OF 2009
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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
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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/-