Yasar vs Ranjith K.T. and The National Insurance Co. Ltd.

M.N. Krishnan, J.—This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2396/05. The claimant, a minor boy aged 12 years sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs. 9,000/-. Dissatisfied with the quantum the claimant has come up in appeal.

Heard the learned Counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the boy was admitted on 10.7.05 and discharged on 16.7.05. C.T. scan was taken which revealed a fracture on the occipital bone and small extra axial haematoma adjacent to the fracture site. He was advised to take some medicines and there is also an indication that the fracture of the clavicle was healing. So taking into consideration these aspects I am inclined to enhance the compensation as follows.

Index card reveals a healing fracture of the clavicle besides fracture of the frontal bone. The boy would have suffered severely and towards pain and sufferings I enhance Rs. 4,000/-, for loss of amenities I enhance Rs. 2,000/-. Certainly on account of the radiological examination, scan etc. the claimant would have been forced to expend more amount and for that I award Rs. 1,000/- more under that head. I also award Rs. 500/- more towards incidental expenses thus granting a total amount of Rs. 7,500/- as additional compensation.

In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs. 7,500/- 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.