IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 MACA.No. 1212 of 2009() --------------------------------- OPMV.876/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): 2ND RESPONDENT: ----------------------------- THE NEW INDIA ASSURANCE COMPANY LIMITED, THIRUVANANTHAPURAM NOW REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY MR.MATHEWS JACOB, SENIOR ADVOCATE RESPONDENT(S): PETITIONER: -------------------------- RISWANA (MINOR), REPRESENTED BY HER MOTHER NABISATH BEEVI, VARIYAKAPLAVILA PUTHEN VEEDU, IDICHAKKAPLAMOODU, PARASSALA P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.S.MOHAMMED AL RAFI THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1212 OF 2009 = = = = = = = = = = = = = = = Dated this the 25th day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Neyyattinkara in O.P.(MV)876/03. A minor girl aged eight years sustained injuries in a road accident for which the Tribunal has awarded a compensation of Rs.68,750/-. A perusal of paragraph 8 of the award would reveal that the injury sustained by the child are lacerated wound over the right parietal region below left eye and over the right angle of the mouth and other minor injuries. The treatment records of the S.A.T. hospital revealed possibility of loss of incisor and a fracture to the left intra orbital margin. The girl approached the private hospital as well as the Government hospital with complaints of headache and there was a disability certificate of 5% issued by the Doctor. The Tribunal has awarded a sum of Rs.68,750/- which I feel is not in commensuration with the injury sustained and it requires a reconsideration. The Court has fixed the disability M.A.C.A. 1212 OF 2009 -:2:- without seeing the child even at 5%. The Court find that the girl is having disfiguration on the basis of a photograph. When the person herself is available the Court should have satisfied its conscience by directing the child to be present before Court and noting it which has not been done and no evidence whatsoever to connect the document is properly produced. If really a child has sustained serious injuries and there is disfiguration certainly it is a matter which requires sympathetic consideration at the hands of the Court. Therefore the best method now is to direct the Tribunal to refer the child to a medical board consisting of experts on the respective fields where the child is said to have sustained injuries, get a disability certificate, thereafter direct the child to be examined before Court or at least see the child from the Court and thereafter determine the compensation in accordance with law. I make it very clear I am not expressing anything on merits of the case because the matter requires an entire reconsideration at the hands of the Tribunal and any observations made here and there shall not M.A.C.A. 1212 OF 2009 -:3:- bind the Tribunal in passing an appropriate award but it must be according to the legal principles and medical evidence available in the case. Parties are directed to appear before the Court below on 17.11.2009. The Tribunal shall endeavour to dispose of the matter as expeditiously as possible at any rate within four months from the date of first appearance before the Tribunal. M.N. KRISHNAN, JUDGE. ul/-