IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 MACA.No. 1064 of 2010() ----------------------- OPMV.1763/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): PETITIONER -------------------------------------------- AJAY (MINOR), S/O.SUNIL KUMAR, REPRESENTED BY HIS MOTHER AS NEXT FRIEND SANGEETHA K.,J., W/O.SUNIL KUMAR, KALAMBAKATTU MALI, S.H.M. P.O., NAGAMPADOM BHAGAM, PERUMBAICKADU VILLAGE, KOTTAYAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SRI.M.M.JOSE SMT.ACHU SUBHA ABRAHAM SMT.P.J.JINIMOL RESPONDENT(S): RESPONDENTS -------------------------- 1. JAYASANKAR @ JAYAN, PATHADIPARAMBIL HOUSE, KUNNEPARAMBU BHAGAM, KUDAMALOOR KARA, MARIATHURUTHU P.O., AYMANAM VILLAGE, KOTTAYAM. 2. THE NATIONAL INSURANCE COMPANY LTD, KOTTAYAM. ADV. SRI.RAJAN P.KALIYATH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI, JJ. ---------------------------------------------------------- M.A.C.A No. 1064 OF 2010 ---------------------------------------- DATED THIS THE 4TH DAY OF AUGUST, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in OP(MV) No. 1763/2006 on the file of Motor Accidents Claims Tribunal, Kottayam challenges the judgment and award of the Tribunal dated September 29, 2009 awarding a compensation of Rs. 29,000/- for the loss caused to him on account of injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these: The appellant is a boy aged 5 represented by his next friend, mother. He sustained fracture of shaft of left femur when he was knocked down by a motor cycle bearing registration No. KL-5G/8149 while he was walking along Karikulangara– Kotteckadavu road. Alleging negligence against the first respondent, owner-cum-rider of the offending motor cycle, the M.A.C.A No. 1064 OF 2010 2 claimant filed O.P before the Tribunal through his mother claiming a compensation of Rs. 3 lakhs. 3. The first respondent, the owner-cum-rider of the offending vehicle remained absent and was set ex-parte by the Tribunal. The 2nd respondent, the insurer of the offending motor cycle filed a written statement admitting the policy. Exts. A1 to A9 were marked on the side of the claimant and Ext. B1 was marked on the side of the 2nd respondent before the Tribunal. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence on the part of the first respondent and awarded a compensation of Rs. 29,000/- with interest at the rate of 7% per annum from the date of petition till realization and a cost of Rs. 1,000/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the appellant/claimant and the counsel for the 2nd respondent, Insurance company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the M.A.C.A No. 1064 OF 2010 3 part of the first respondent, the owner cum rider of the offending motor cycle is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the appellant/ claimant is entitled to any enhanced compensation? 6. The Tribunal awarded a compensation of R. 29,000/-. The break up of the compensation awarded is as under: Transport to hospital : Rs. 1000 Extra nourishment : Rs. 1000 Damages to clothing : Rs. 500 Bystander expenses : Rs. 6000 Medical expenses : Rs. 500 Pain and suffering : Rs.10000 Indisability and Loss of amenities : Rs.10000 --------------- Total: : Rs.29,000 ========= 7. The counsel for the appellant/claimant sought enhancement of the compensation for the disability caused and on other heads. The Tribunal awarded Rs. 10,000/- for the disability caused. In Ext.A5 certificate of disability it is certified that the claimant has a permanent disability of 12%. The claimant has suffered the following disabilities as seen from Ext.A5. M.A.C.A No. 1064 OF 2010 4 “There is wasting of the left thigh muscles and the left femur is short by 1 inch. The left hip movements are moderately restricted.” Taking into consideration the nature of injuries sustained and the disability caused to the claimant, we feel that for the disability caused, a compensation of Rs. 20,000/- would be reasonable. Thus, the claimant is entitled to an additional compensation of Rs. 10,000/- on this count. 8. As regards, the compensation awarded under other heads, we find the same to be reasonable. Therefore, we are not disturbing the same. 9. Thus, the claimant is entitled to an additional compensation of Rs. 10,000/-. He is entitled to interest @ 7% per annum from the date of petition till realization and proportionate cost. The 2nd respondent, being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of a copy of this judgment. The award of the Tribunal is modified to the above extent. M.A.C.A No. 1064 OF 2010 5 The appeal is disposed of as found above. A.K. BASHEER Judge P.Q. BARKATH ALI Judge PKK