IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 MACA.No. 1757 of 2009() ---------------------------- OPMV.2100/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): CLAIMANT ---------------------- MUHAMMED NAFSIN(MINOR)AGED 11, REP.BY HIS FATHER AND LEGAL GUARDIAN, N.MUHAMMED, NAROTH HOUSE, EANGAPUZHA AMSOM, MALAPPURAM DESOM, EANGAPUZHA POST, KOZHIKODE BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENTS -------------------------- 1. ABDUL KHADER P.P., PUKKATTU PUTHAN PURAYIL, AVILORA, KODUVALLY POST, KOZHIKODE 2. THE ORIENTAL INSURANCE CP.LTD, BRANCH OFFICE, KINGSWAY BUILDING, MAVOOR ROAD, KOZHIKODE. ADV. SMT.A.SREEKALA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: pkk A.K. BASHEER & P.Q. BARKATH ALI, JJ. --------------------------------------------------------- M.A.C.A. NO. 1757 OF 2009 -------------------------------------------- DATED THIS THE 29TH DAY OF JULY, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in OP(MV) No. 2100/2003 on the file of Principal Motor Accidents Claims Tribunal, Kozhikode challenges the judgment and award of the Tribunal dated May 9, 2008 awarding a compensation of Rs. 14,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. Appellant/claimant was a boy aged 5 at the time of accident. He sustained a fracture of shaft of right femur in a motor accident that occurred on January 12, 2003 at about 5 p.m. While he was walking along with his mother and sister along Thamarassery – Mukkam road, he was knocked down by a car bearing registration No. KL11 J 4000 owned and driven by the first respondent. Claiming a compensation of Rs. 2 lakhs, he filed O.P before the Tribunal under Section 166 of Motor Vehicles Act alleging negligence against the first respondent. M.A.C.A. NO. 1757 OF 2009 2 3. The first respondent, the owner-cum-driver of the offending car admitted the accident but denied the liability. The 2nd respondent, insurer of the offending car admitted the policy before the Tribunal. Exts. A1 to A5 were marked on the side of the claimant. No evidence was adduced on the side of the respondents before the Tribunal. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 14,000/- with interest at the rate of 7% per annum from the date of petition till realization and a cost of Rs. 200/-. 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 Insurance company. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the first respondent, the owner cum driver of the offending car is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the M.A.C.A. NO. 1757 OF 2009 3 appellant/claimant is entitled to any enhanced compensation. 6. The Tribunal awarded a total compensation of Rs. 14,000/-. The break up of the compensation awarded is as under: Medical bills Rs. 1137 Incidental expenses Rs. 3000 Pain and suffering Rs. 7000 Loss of amenities Rs. 2000 Transportation 750 -------- Total: Rs. 13887 Rounded to Rs. 14,000 7. The counsel for the appellant/claimant sought enhancement of the compensation awarded for pain and suffering endured. He contended that no amount was awarded for loss of amenities and enjoyment in life by the Tribunal. 8. The Tribunal awarded Rs. 7000/- for pain and suffering endured. Taking into consideration of the nature of injuries sustained by the appellant/claimant, we feel that a compensation of Rs. 10,000/- would be reasonable on this M.A.C.A. NO. 1757 OF 2009 4 count. Thus, the appellant/claimant is entitled to an additional compensation of Rs. 3000/- on this count. 9. As contended by the counsel for the appellant/ claimant, no compensation was seen awarded by the Tribunal for loss of amenities and enjoyment of life. Having regard to the nature of injuries sustained by the appellant/ claimant, we feel that a compensation of Rs. 5,000/- would be reasonable on this count. As regards, compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 10. In the result, the claimant is found entitled to an additional compensation of Rs. 8,000/-. The claimant is entitled to an interest at the rate of 7.5% per annum from the date of petition till realization and proportionate cost for the compensation already awarded and for enhanced compensation. 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 M.A.C.A. NO. 1757 OF 2009 5 judgment with notice to the appellant/ claimant. The award of the Tribunal is modified to the above extent. The appeal is disposed of as found above. A.K. BASHEER Judge P.Q. BARKATH ALI Judge PKK