IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 MACA.No. 3004 of 2008() --------------------------------- OPMV.2510/2008 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ................................................................................................................................... APPELLANT: PETITIONER -------------------------------------- SISIRA (MINOR), AGED 15 YEARS, D/O. SIVADASAN, KOROTHTHAZHE HOUSE, P.O. NANMINDA, EZHUKULAM, KOZHIKODE DISTRICT. BY ADV. SRI.V.S.CHANDRASEKHARAN SRI. PRAISHEEL PRAKASAM SMT. BEATRICE FERIA RESPONDENT(S): RESPONDENTS ------------------------------------------------ 1. SAKTHIDHARAN NAIR, AGE NOT KNOWN, RESIDING AT KAIPRATH HOUSE, P.O. CHELANNUR, KOZHIKODE DISTRICT. 2. NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE DISTRICT. ADV. SRI.E.M.JOSEPH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------------------- M.A.C.A. NO. 3004 OF 2008 ------------------------------------------ Dated this the 22nd day of September, 2009. J U D G M E N T This is an appeal preferred against the award of the Motor Accident Claims Tribunal, Kozhikkode in O.P.(M.V) No.2510 of 2004. The claimant aged 15 years old sustained injuries in a road accident whereby she had sustained a lacerated wound 2 X 0.5 cm on scalp and multiple abrasion of face. She was treated as an out patient. Radiological examination did not reveal any serious disability. Ext.A7 series are medical bills claiming Rs.3,046/- for treatment and it is for the period on 3.11.2005 to 7.11.2005. The accident occurred on 6.10.2004 and it was after one year the second admission was there. The learned Tribunal after perusal of the records held that these medical bills related to the treatment with respect to psychiatric disorder. It is also seen that the girl was having this problem right from 1992 onwards. So far the injuries namely a laceration on the scalp with some abrasions on the face the Tribunal awarded a compensation of Rs.4,500/- which appears to be just and proper as contemplated section 166 of the Motor Vehicles Act was dispose and therefore the appeal lacks merit and it is dismissed. The appeal is dismissed. M.N. KRISHNAN, JUDGE. pm M.A.C.A. NO. 3004 OF 2008 2 M.A.C.A. NO. 3004 OF 2008 3