IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1562 of 2005()
1. SYAM RAJ, S/O. K.V. SASI,
... Petitioner
Vs
1. T.K. KOCHUMOHAMMED, S/O. KUNHIMON,
... Respondent
2. ANSAR A.A., S/O. ABDUL MAJEED,
3. THE NEW INDIA ASSURANCE CO. LTD.,
For Petitioner :SRI.V.BINOY RAM
For Respondent :SRI.T.N.MANOJ
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :17/09/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1562 OF 2005
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Dated this the 17th day of September, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1426/99.
The claimant, a minor boy sustained meta carpel bone
fracture and he was awarded a compensation of Rs.5,623/-
by the Tribunal. The insurance company was directed to pay
the amount and get it recovered from the owner namely the
2nd respondent. Learned counsel for the appellant would
submit that on account of the fracture the boy had sustained
disability and difficulty and the compensation awarded is
inadequate. He would also submit that Ext.A8 would show
that he had been detained for an year. It may be true that
he was detained. But the nature of injuries does not show
that long hospitalisation or long absence from classes was
necessary in this case. He was inpatient in the hospital only
for a day. But the facts remains that the boy had suffered a
meta carpel bone fracture and there would have been some
M.A.C.A. 1562 OF 2005
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inconvenience for him. So taking those aspects into
consideration I award an additional compensation of
Rs.2,000/- for pain and sufferings and Rs.2,000/- for loss of
amenities and enjoyment in life thereby totaling an additional
compensation of Rs.4,000/-.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.4,000/- 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 and is given a
further liberty to realise it from respondents 1 and 2 in the
claim petition.
M.N. KRISHNAN, JUDGE.
ul/-