IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 782 of 2008()
1. MUHAMMED NISSAR, AGED 14 YEARS,
... Petitioner
Vs
1. SHAIK MAMMU, SON OF KUNHEED,
... Respondent
2. UNITED INDIA INSURANCE CO. LTD.,
3. P.ABDU,M S/O. AMMAD,PANNIYODAN VEEDU,
For Petitioner :SRI.JACOB ABRAHAM
For Respondent :SRI.SIBY MATHEW
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :29/01/2009
O R D E R
M.N. KRISHNAN, J.
= = = = = = = = = = = = = =
M.A.C.A. NO. 782 OF 2008
= = = = = = = = = = = = = = =
Dated this the 29th day of January, 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)686/00.
The claimant, a 14 year old boy, sustained injuries in a road
accident and the Tribunal awarded a total compensation of
Rs.24,750/-. It is against that decision the claimant has
come up in appeal for enhancement.
2. Heard the counsel for the appellant as well as the
insurance company. A perusal of the award would reveal
that he had sustained multiple abrasions on the left side of
the face and lacerations on the left eyebrow. He had also
sustained fracture on the left humerus and fracture of first
and second ribs on the right side. He was treated as an
inpatient in the Medical College Hospital where he had
undergone inpatient treatment for a period of 20 days from
10.12.99 to 1.1.00. A perusal of the document would reveal
that about 50 c.c. of blood was drained out as a part of
M.A.C.A. 782 OF 2008
-:2:-
treatment and his fracture was of a compound nature and he
had undergone treatment thereafter as well for some point of
time. A boy aged 14 years had sustained a Grade I fracture
of the humerus coupled with fracture on the ribs and the
impact of the fracture of the ribs made to drain out the blood
which was in the system and therefore the boy would have
taken some time to come back to his normalcy. When a boy
of 14 years sustained injuries in the form of fracture, he
would not be in a position to play or enjoy as the boys of his
age used to have. It would have resulted in loss of
confidence to some extent also for some point of time. So
taking note of all these things it is certain that there would
have been temporary inconvenience as well. Therefore a
compensation of Rs.10,000/- has to be granted under loss of
amenities and inconvenience instead of Rs.3,000/- thereby
entitling the claimant to an additional compensation of
Rs.7,000/-.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
M.A.C.A. 782 OF 2008
-:3:-
Rs.7,000/- 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/-