IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 MACA.No. 2155 of 2006() --------------------- OP(MV).860/2004 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, OTTAPALAM ................. APPELLANTS / PETITIONERS IN OP (MV) : ------------------------------------------------------------- SHAFEEQ (MINOR), S/O. MOHAMMED ALI, AGED 16 YEARS, KUNDARANI HOUSE, KORANNAKUNNU, IRUMBAKACHOLA P.O., MANNARKKAD, PALAKKAD DISTRICT., REPRESENTED BY FATHER MUHAMMED ALI, S/O. MOIDEEN, AGED 42 YEARS, RESIDING AT KUNDARANI HOUSE, KORANNAKUNNU, IRUMBAKACHOLA PO., MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS / RESPONDENTS 1 TO 3 IN OP(MV) : ------------------------------------------------------------------------- 1. RAJAN, S/O. GOVINDAN, MULLATHVEEDU, KANJIRAM, POTTASSERI, PALAKKAD DISTRICT. 2. THE HEAD MASTER, PALLIKURUPPU HIGH SCHOOL, PALLIKKURUPPU P.O., MANNARKKAD, PALAKKAD. 3. M/S. THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, MANNARKKAD, PALAKKAD DISTRICT. R3 BY ADV. SRI.A.A.MOHAMMED NAZIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn R.BASANT & N.K.BALAKRISHNAN, JJ. ----------------------------------------- M.A.C.A No.2155 OF 2006 ---------------------------------------- Dated this the 28th day of July, 2011 JUDGMENT BASANT,J. Claimant is the appellant. He was a minor aged 14 years, a student of the 8th standard. He suffered injuries in a motor accident on 17.9.2003. Against a total claim exceeding Rs. one lakh the tribunal awarded an amount of Rs.25,433/- as per the details a given below: 1.Medical expenses : Rs.14,533/- 2.Bystander expenses : Rs.150/- 3.Travelling expenses : Rs.1,500/- 4.Extra nourishment : Rs.750/- 5.Damage to clothing : Rs.500/- 6.Pain and suffering : Rs.4,000/- 7.Loss of amenities of life : Rs.4,000/- -------------- Total Rs.25,433/- ======== M.A.C.A No.2155 OF 2006 2 2. The challenge is on the short ground that the quantum of compensation awarded is not adequate. The amount awarded does not represent just and reasonable compensation contends the counsel. The injured had suffered head injury. There was brain oedema. Vein of the eye was seen cut there was loss of one tooth. There was injury below the mandible on the right side. Discharge summary shows that the injured was unconscious and restless when he was admitted to the hospital. He was an inpatient for a period of 6 days (17.9.2003 to 23.9.2003). The diagnosis was 'head injury' but CT scan revealed that there was no visible fracture of the brain. The injured could not attend school for a period of one month. Expenses were incurred for medical treatment. Miscellaneous expenses were also incurred. The learned counsel for the appellant contends that the Tribunal had not awarded proper amounts under the head of bystander expenses as also M.A.C.A No.2155 OF 2006 3 pain and suffering and loss of amenities of life. There is omission to grant any compensation for the retardation of educational progress. There was interruption in the educational advancement of the child and the head master of the school had certified that the child had missed classes for a period of one month. Taking all these relevant circumstances into account compensation may be enhanced, contends the counsel. 3. We find merit in the contention that the bystanders expenses awarded is meagre (Rs.150/-), taking into account the fact that he was an inpatient for a period of 6 days. We are further satisfied that for interruption in the educational curriculum for a period of one month an appropriate amount should have been awarded as compensation. For pain and suffering and loss of amenities of life only a total amount of Rs.8,000/-(Rs.4,000/- each has been awarded). There has been no certificate produced to prove permanent disability but we have indications to show that one tooth of the child M.A.C.A No.2155 OF 2006 4 was lost. 4. Having considered all the relevant inputs we are satisfied that the appellant is entitled to the following further amounts in addition to the amounts already awarded by the Tribunal: 1. Bystanders expenses : Rs.750/-(150x6 minus 150) 2. Extra nourishment : Rs .750/-(1500 minus 750) 3. Retardation in educational progress(one months absence ) : Rs.5,000/- 4. Pain and suffering : Rs.6,000/- (10000 minus 4000) 5. Loss of amenities : Rs.3,500/- ( ie 7500 minus 4000) ---------------- Total Rs.16,000/- ========== 5. The learned counsel for the appellant points out the Tribunal has awarded interest only at the rate of 6% per annum. Counsel argues and we agree that interest should have been awarded at least at the rate of 7.5% per annum. M.A.C.A No.2155 OF 2006 5 6. In the result; (a) This appeal is allowed in part. (b) The appellant is found entitled to a further amount of Rs.16,000/-(Rupees sixteen thousand only) in addition to the amounts already awarded by the Tribunal. (3)We direct that the entire compensation amount shall carry interest at 7.5% per annum from the date of petition to the date of payment/deposit. (4) All other directions of Tribunal are upheld. R.BASANT, JUDGE N.K.BALAKRISHNAN, JUDGE mns