IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 MACA.No. 860 of 2007() ---------------------- OPMV.1252/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANTS/PETITIONERS 1 TO 5 :- ---------------------------------------------------- 1. MUHAMMEDALI, S/O. AHAMMEDKUTTY, AGED 41 YEARS, NOW RESIDING AT VARAMANGALATH HOUSE KARAKKAD, KONDOORKARA POST, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. AYISHA, W/O. MUHAMMEDALI, AGED 32 YEARS, NOW RESIDING AT VARAMANGALATH HOUSE KARAKKAD, KONDOORKARA POST, OTTAPALAM TALUK, PALAKKAD DISTRICT. 3. MUHAMMED SHAFEEK (MINOR), AGED 17 YEARS, REPRESENTED BY HIS FATHER AND GUARDIAN MUHAMMEDALI NOW RESIDING AT VARAMANGALATH HOUSE KARAKKAD, KONDOORKARA POST, OTTAPALAM TALUK, PALAKKAD DIST. 4. SUHARA (MINOR), AGED 14 YEARS, REPRESENTED BY HIS FATHER AND GUARDIAN MUHAMMEDALI NOW RESIDING AT VARAMANGALATH HOUSE, KARAKKAD, KONDOORKARA POST, OTTAPALAM TALUK,PALAKKAD DIST. 5. MUHAMMED ASHIK (MINOR), AGED 10 YEARS, REPRESENTED BY HIS FATHER AND GUARDIAN MUHAMMEDALI NOW RESIDING AT VARAMANGALATH HOUSE, KARAKKAD, KONDOORKARA POST, OTTAPALAM TALUK, PALAKKAD DIST. BY ADV. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR MACA.No. 860 of 2007 RESPONDENT(S)/RESPONDENTS 1 TO 3 :- ---------------------------------------------------------- 1. P.Y. ALI, S/O. YOOSAF HAJI, AGE NOT KNOWN, PARAMBIL HOUSE, POST KONDOORKKARA, PATTAMBI VIA., OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. P.A.ABOOBACKER, S/O. ALI, AGED ABOUT 38 YEARS, PARAMBIL HOUSE, POST KONDOORKKARA, PATTAMBI VIA., OTTAPALAM TALUK, PALAKKAD DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LTD., 'PRANAVAM', MELE PATTAMBI, OTTAPALAM TALUK, PALAKKAD DISTRICT. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt R. BASANT & N.K.BALAKRISHNAN, JJ. ------------------------------------- M.A.C.A. No.860 of 2007 --------------------------------- Dated this the 8th day of July 2011 J U D G M E N T R. Basant, J. Claimants are the appellants. They are the parents and brothers and sister of the deceased child aged about 13 years, who met with a road traffic accident on 14.11.2004. He was admitted in the hospital. He had suffered head injuries. CT scan was taken. While undergoing the treatment, the child expired on 15.11.2004. Against the claim of `3,00,000/-, the Tribunal under the impugned award directed payment of an amount of `1,91,150/- as compensation as per the details which are given in paragraph 7 of the impugned award which we extract below:- Loss of dependency - Rs.1,50,000/- Bystanders expenses - Rs. 150/- Loss of love and affection & loss of estate - Rs. 30,000/- Expenses of treatment - Rs. 2,000/- M.A.C.A. No.860 of 2007 -: 2 :- Travelling expenses - Rs. 4,000/- Funeral expenses - Rs. 5,000/- ------------------------ Total - Rs.1,91,150/- 2. The challenge is now against quantum of compensation. Insurer has been made liable as per the award. The insurer has entered appearance before us. At the stage of admission itself we requested the counsel for the appellants to explain the nature of the challenge which the appellants want to mount against the impugned award. Learned counsel for the appellants challenges the impugned award on the following grounds :- 1.No compensation has been awarded under the head of pain and suffering. 2.The amount awarded under the head of expenses for treatment is unrealistic and unreasonably low. 3.The Tribunal has not awarded interest from the date of the petition till the date of payment. Interest should have been awarded for the said period atleast at the rate of 7.5% per annum. M.A.C.A. No.860 of 2007 -: 3 :- 3. We have considered all the contentions. We find merit in the submission that for pain and suffering incurred by the deceased, the appellants/claimants are entitled to compensation. Considering the nature of injuries and the treatment undergone, we are satisfied that an amount of `5,000/- can safely be awarded as compensation for pain and suffering. 4. The learned counsel for the appellants submits that there is an error in the amount of compensation awarded under the head of transportation expenses. While it is held in the judgment the claimants are entitled to an amount of `4,500/- for transportation of the dead body to the hospital and back from the hospital, the Tribunal reckoned only an amount of `4,000/- while finally calculating the total amount. It is then contended that the amount awarded under the head of medical expenses is too low. For medical and miscellaneous expenses, the Tribunal must have fixed the amount realistically. Notwithstanding the fact that the bill for CT scan has not been produced, there is unmistakable M.A.C.A. No.860 of 2007 -: 4 :- evidence to indicate that CT scan was taken. We agree that reasonable amount can be awarded for such expense for CT scan also notwithstanding the fact that the appellants have not produced the bill. 5. The Tribunal without showing any reason awarded interest only at the rate of 6% per annum that too, only if the amount is not paid within a period of 30 days. We are satisfied that the appellants are entitled to interest at the rate of 7.5% per annum from the date of petition till the date of payment. 6. The appeal in this circumstance, succeeds to the above extent. No other contentions are raised. The appellants are entitled for a further amount of Rs.10,500/- (Rupees Ten Thousand and Five Hundred only) as shown below as compensation in addition to the amount already awarded by the Tribunal. Pain and suffering - Rs.5,000/- Travelling expenses - Rs. 500/- (4,500-4000) M.A.C.A. No.860 of 2007 -: 5 :- Medical and miscellaneous expenses (7,000-2,000) - Rs.5,000/- ----------------- Total - Rs.10,500/- 7. In the result :- (A) This appeal is allowed in part. (B) The appellants are entitled to a further amount of `10,500/- (Rupees Ten Thousand and Five Hundred only) in addition to the amount already awarded by the Tribunal. (C) It is directed that the respondents shall pay interest at the rate of 7.5% per annum on the entire amount of compensation from the date of petition till the date of payment. (D) All other directions issued by the Tribunal are upheld. R. BASANT, JUDGE. N.K.BALAKRISHNAN, JUDGE. Jvt