IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 MACA.No. 1584 of 2006(B) -------------------- OP(MV).2453/1999 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM ................... APPELLANT/PETITIONER : ---------------------------------------- MUKIL MURALI (MINOR), REP.BY NEXT FRIEND FATHER MURALI, S/O.RAMAN, CHALIL HOUSE, VEDIKUZHY (B), KOLAHALAMEDU KARA, WAGAMON VILLAGE, RESIDING AT KANIMALA HOUSE, THALAPPADY KARA, PUTHUPPALLY VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.P.RAVINDRA BABU RESPONDENTS / RESPONDENTS : ------------------------------------------------- 1. SUDHAKARAN, S/O.KUTTY, B.B.R.ESTATE LAYAM, CHOTTUPARA KARA, WAGAMON VILLAGE, IDUKKI. 2. A.S.ABRAHAM, ATTIYALIL, CHOTTUPARA, WAGAMON. 3. THE NEW INDIA ASSURANCE CO.LTD., CENTRAL JUNCTION, KATTAPPANA, IDUKKI. R3 BY ADV. SRI. V.P.K. PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn R. BASANT & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- C.M.Appl.No.1707 of 2006, I.A.No.1828 of 2011 & M.A.C.A.No.1584 of 2006 ---------------------------------------------------- Dated this the 27th day of July, 2011 Order/Judgment Basant, J. C.M.Appl.No.1707 of 2006 This petition is to condone the delay of 581 days in filing the appeal. We take a lenient view. Petition allowed. Delay condoned. I.A.No.1828 of 2011 2. The insurance company, i.e. the third respondent has been made entirely liable to satisfy the award. We are satisfied that it is not necessary to wait for issue and return of notice to respondents 1 and 2. Petition is allowed. M.A.C.A.No.1584 of 2006 3. Claimant, a minor child is the appellant. He claimed compensation for the loss suffered by him on account of personal injuries in a motor accident which took place on 4.9.1999. He had suffered supra condylar fracture of the right femur. The left femur was also fractured. He was treated as an inpatient at the C.M.Appl.1707/06, I.A.1828/11 and M.A.C.A.No.1584/06 2 Medical College Hospital, Kottayam from 4.9.1999 to 25.9.1999. Skeletal traction was given. Above knees slab was also applied. The plaster was removed only after a period of about two months, i.e., on 13.11.1999. The minor child aged 9 years allegedly continued under treatment thereafter. Though it is asserted that he has suffered permanent disability as a result of the accident, no materials were produced before the Tribunal in support of the same. No satisfactory materials are produced before this court to prove such alleged disability, if any. The Tribunal by the impugned award came to the conclusion that the appellant is entitled for an amount of Rs.28,500/- as per the details given below: 1. Medical expenses -Rs.1000/- 2. By-stander's expenses -Rs.1500/- 3. Extra-nourishment -Rs.1000/- 4. Pain and suffering -Rs.15000/- 5. Loss of amenities -Rs.10000/- ---------------- Total -Rs.28,500/- ========= 4. We have heard the learned counsel for the appellant. The learned counsel for the appellant submits that the quantum of compensation awarded by the Tribunal is painfully low. Two C.M.Appl.1707/06, I.A.1828/11 and M.A.C.A.No.1584/06 3 major fractures were suffered. The appellant, a young child aged 9 years had to continue as an inpatient for three weeks at the Medical College Hospital, Kottayam. Thereafter also he had to continue treatment. The Tribunal erred grossly in granting medical and miscellaneous expenses at Rs.1000/-, by-stander's expenses at Rs.1500/- and extra-nourishment at Rs.1000/-. No compensation was awarded for damage to clothing etc. The appellant was a student at the relevant time and his educational progress was hampered on account of the accident, hospitalisation and treatment. No compensation is seen awarded under this head also. For pain and suffering, the compensation awarded-Rs.15,000/- is unrealistic. Similarly, for loss of amenities, an amount of Rs.10,000/- awarded is grossly insufficient. The mere fact that all medical bills were not properly arranged and produced before the Tribunal should not have persuaded the Tribunal not to grant reasonable amounts. In any view of the matter, the amounts awarded deserves upward modification, submits the learned counsel. 5. We have considered all the relevant inputs. There is C.M.Appl.1707/06, I.A.1828/11 and M.A.C.A.No.1584/06 4 indisputable evidence about the nature of the injuries suffered- including two major fractures. We have satisfactory evidence about the period of hospitalisation - 21 days. We also have indications to suggest that the educational curriculam of the child must have been interrupted. Taking all the relevant circumstances into account, we are satisfied that the appellant is entitled for further amounts by way of compensation. On a re- consideration of the entire claim, we are satisfied that the appellant is entitled to the following amounts as compensation: 1. Medical and miscellaneous expenses (21 days as inpatient) -Rs.3000/- 2. Transportation charges -Rs.1000/- 3. Damage to clothing -Rs.500/- 4. By-stander's expenses(21x100) -Rs.2100/- 5. Extra-nourishment -Rs.2000/- 6. Pain and suffering (Two major fractures suffered. 21 days of inpatient treatment. Victim, a child aged 9 years) -Rs.25000/- 7. Loss of amenities (Even in the absence of any specific evidence to prove disability) -Rs.15000/- 8. Compensation for interruption in educational curriculam (three months) -Rs.6000/- ---------------- Total -Rs.54,600/- ========= 6. In the result: a) This appeal is allowed in part. C.M.Appl.1707/06, I.A.1828/11 and M.A.C.A.No.1584/06 5 b) The appellant is found entitled to a total amount of Rs.54,600/-, i.e. Rs.26,100/- (Rs.54600-28500) in addition to the amounts already awarded by the Tribunal. c) We direct that the entire amount of compensation shall carry interest at the rate and for the period specified by the Tribunal from the date of the claim petition to the date of payment. d) All other directions of the Tribunal are upheld. R. BASANT, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd C.M.Appl.1707/06, I.A.1828/11 and M.A.C.A.No.1584/06 6