IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 MACA.No. 1583 of 2007() ----------------------- OPMV.2042/2001 of PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE OP(MV) --------------------------------------------------- RIYAS (MINOR), AGED 14 YRS, DOB 30.7.1993, REPRESENTED BY HIS FATHER & LEGAL GUARDIAN HALEEL, S/O. KUNHIKOYA, AGED 36 YRS, KAITHOLIPADANNA, FEROKE POST, POTTAKKAD, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS: RESPONDENTS IN THE OP(MV) --------------------------------------- 1. P.V.ALAVIKUTTY, S/O. MUHAMMED, NARIKKUNNU HOUSE, PULICKAL POST, KOTTAPURAM, MALAPPURAM. 2. SADUDHEEN, S/O. AHAMMED, AGED 32 YEARS, POOLAKKAL HOUSE, RAMANATTUKARA POST, KOZHIKODE. 3. THE ORIENTAL INSURANCE CO. LTD., JASEELA COMPLEX, NILAMBUR ROAD, MANJERI, MALAPPURAM. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1583 OF 2007 --------------------- Dated this the 19th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Principal Motor Accident Claims Tribunal, Kozhikode, in OP (MV) 2042/01. It is stated by the Tribunal in para 15 of the award that Ext.A2 is not a legally admissible document and therefore Rs.1,000/- is granted as compensation. I do not understand why it is stated that it is not a legally admissible document. There is no dispute that the child was involved in the accident. It is seen that he had a loosening of the second tooth coupled with tenderness on the right finger and right ankle. He was treated as inpatient from 13.5.01 to 15.5.01 in Koya’s Hospital, Feroke. Pain killers had been administered on him and dental construction was also done in local anesthesia. So it cannot be said that the boy had not suffered anything at all. Considering the nature of injuries sustained and also the treatment undergone by the claimant, I enhance the compensation by Rs.1,500/-. MACA No. 1583/07 2 In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.1,500/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 1583/07 3