IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 MACA.No. 2269 of 2009() ------------------------------------- OPMV.490/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER: ----------------------------------------- K.K.SOUDA, AGED 16 YEARS,(D.O.B.29.5.93) D/O.LATE ABDULLA, KORANKUNNAN, THARUVANA POST, NADAKKAL, MANANTHAVADY TALUK, WYNAD DISTRICT (THE PETITIONER BEING MINOR REP.BY HER NEXT FRIEND GUARDIAN AND MOTHER AYSHA, KORANKUNNA, THARUVANA POST, NADAKKAL, FATHER ABHULLLA DIED). BY ADV. SRI.N.J.ANTONY RESPONDENT(S): RESPONDENT ------------------------- 1. SIVARAMAN, AGED 46 YEARS, S/O.CHANKAROTTY, NADUVILERIYIL HOUSE, NANMANDA. (DRIVER OF THE KSRTC BUS NO.KL.15/4193. K.L.NO.NOT KNOWN). 2. THE GENERAL MANAGER, KSRTC, THIRUVANANTHAPURAM. (OWNER OF THE KSRTC BUS NO.KL.15/41930. R2 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.2269 OF 2009 ............................................. Dated this the 10th day of August, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kalpettain OP(MV)No.490/2003.The claimant a minor girl, aged 10 years, sustained injuries in a road accident and she has been awarded a compensation of Rs.12,900/= by the Tribunal. Dissatisfied with the quantum, the claimant has come up in appeal. 2. Heard. The claimant on sustainment of the injuries was admitted in a local hospital and from there she was referred to the Medical College Hospital. She had a lacerated wound with other complications on the parietal region. Thereafter she was admitted in the Medical College Hospital, Kozhikode wherein she had undergone inpatient treatment from 22.10.2003 to 27.10.2003. She had a leniar fracture of the right parietal bone with adjacent extra axial bleeding. She was treated conservatively and was advised to take some medicine after discharge. The child belongs to Wynad district and she was treated in the Medical College Hospital, Kozhikode. : 2 : M.A.C.A.NO.2269 OF 2009 3. The medical expenses awarded is only Rs.500/= which is grossly inadequate and therefore, I enhance it by Rs.1,500/=. Similarly on account of the head injury including fracture of the parietal bone, the girl should have suffered and there would have been temporary disability, loss of amenities and enjoyment in life for which, I award a sum of Rs.5,000/=. Taking into consideration the inpatient hospitalisation, I award Rs.500/= more towards bystanders expenses thereby making an additional compensation of Rs.7,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/= with 7.5% interest on the said sum from the date of petition till realisation and the respondent KSRTC is directed to pay the amount within 60 days from the date of receipt of a copy of this judgment. It is also made clear that for the amount awarded also, the interest shall be at the rate of 7.5%. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.2269 OF 2009 : 4 : M.A.C.A.NO.2269 OF 2009 M.N. KRISHNAN, J. ........................................... A.S.NO.OF 2010 ............................................. 2nd day of August, 2010. J U D G M E N T