IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 MACA.No. 432 of 2009() ---------------------- OPMV.1490/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THIRUVANANTHAPURAM .................... APPELLANT(S)/APPLICANT: -------------- SOUMYA BABU, MINOR, AGED 15 YEARS, D/O.BABU, VINOD BHAVAN, VALLATHALA DARSHANA LANE, CHEKKAKKONAM, KARAKULAM PO., THIRUVANANTHAPURAM, REP. BY HER FATHER B.BABU BY ADV. SRI.S.NARAYANAN NAIR RESPONDENT(S)/RESPONDENTS: --------------- 1. GOPAKUMAR,, TC.21/1703, PADINJATTIL VEEDU, KARAMANA.PO., THIRUVANANTHAPURAM. 2. ORIENTAL INSURANCE COMPANY LTD., ROHINI BUILDINGS, THAKARAPPARAMBU ROAD, FORT, THIRUVANANTHAPURAM. BY// THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- M.A.C.A. NO.432 OF 2009 --------------------------------------------------------- Dated this the 20th day of February, 2009 JUDGMENT Basant, J. The claimant before the Tribunal is the appellant before us. The appellant, a minor, has staked her claim through her father and guardian. She claimed an amount of Rs.1,10,000/- for the disability suffered by her in an accident which occurred on 27.8.2003. She was aged 10 years at the time of the accident. She had suffered injuries including fracture and was treated as an outpatient, initially at the Medical College Hospital, Thiruvananthapuram and later at the Dental College Hospital, Thiruvananthapuram. Exts.A1 to A17 were marked before the Tribunal, but no oral evidence was adduced. The Tribunal, on an anxious consideration of all the relevant circumstances, came to the conclusion that the appellant is entitled to an amount of Rs.33,000/- as compensation. The details of the amounts awarded are shown in paragraph 10 of the impugned award. 2. The appellant claims to be aggrieved by the impugned award. M.A.C.A. NO.432/2009 2 Called upon the explain the nature of the challenge which the appellant wants to mount against the impugned award, learned counsel for the appellant submits that the amounts awarded under the heads pain and suffering and loss of amenities are too meagre. The appellant has actually suffered physical disability and disfiguration and that the Tribunal has omitted to take note of the loss under those heads, contends counsel. 3. We have taken note of the nature of the injuries suffered by the appellant and the nature of treatment given to her. We note that Rs.15,000/- has been awarded under the head pain and suffering. The entire expenses incurred as per the medical bills produced has been awarded by the Tribunal. For transportation to the hospital and extra nourishment, an amount of Rs.1,500/- each has been awarded and an amount of Rs.500/- was awarded towards damage to clothing. There is nothing to show that there has been any retardation in the educational career of the child. There is significantly nothing to indicate or a remote suggestion that the child has suffered any physical disability. Assertion to the contrary made at the Bar cannot obviously be accepted in the absence of total evidence to indicate permanent disability suffered or disfigurement endured. The Tribunal, we take note, has even in these circumstances awarded an amount of Rs.8,000/- under the head loss of amenities and M.A.C.A. NO.432/2009 3 Rs.15,000/- towards pain and suffering. In the circumstances, we are inclined to agree that the impugned award deserves no appellate interference or modification. 4. The challenge fails and the appeal is dismissed. (R. BASANT) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ M.A.C.A. NO.432/2009 4 R. BASANT & & C.T. RAVIKUMAR, JJ. M.A.C.A. NO.432/2009 JUDGMENT 20th February, 2009 M.A.C.A. NO.432/2009 5