IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 MACA.No. 460 of 2003() -------------------------------- OPMV.51/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/CLAIMANT --------------------- KADUVAKKANCHERY NISHAD, MINOR 12 YEARS, REPRESENTED BY GUARDIAN MOTHER SAHIRA W/O. HAKEEM AGED 26 YEARS, PANALTHODIKA HOUSE, VAZHIKKADAVU AMSOM DESOM. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: RESPONDENTS ------------------------ 1. ERANJIKKAL ABDUL SALM, S/O. KUNHALAVI ERANJIKKAL HOUSE, MAMPAD P.O. (DRIVER) 2. V.P.ABOOBACKER S/O. KUTTIOMAMMED, VALIYAPEEDIKAKKAL HOUSE, P.O. MARUTHA (OWNER) 3. ORIENTAL INSURANCE COMPANY LIMITED, MANJERI. 4. KIZHAKKEKALAM PADMANABHAN S/O.KUNHIRAMAN P.O.PUTHIYARA (DRIVER) 5. K.P.RARICHAN, KPR AUTOGARAGE, P.O.KARUVAMBRAM (OWNER) 6. UNITED INDIA INSURANCE COMPANY LIMITED, MANJERI. BY ADV. SRI.MATHEWS JACOB (SR.) FOR R3 SRI.JACOB MATHEW FOR R3 SRI.THOMAS MATHEW NELLIMOOTTIL FOR R5 & R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- M.A.C.A.NO.460 OF 2003 (B) ----------------------------------- Dated this the 4th day of August, 2008 J U D G M E N T KOSHY,J. Appellant/claimant at the age of 12 sustained injuries in a motor accident. Against a claim of Rs.1,47,500/-, tribunal awarded only Rs.31,000/- as compensation and directed the 6th respondent Insurance company which insured the offending vehicle to pay the compensation. Only dispute is regarding the quantum of compensation. 2. Main contention raised is that disability assessed by the tribunal was only 4%, whereas the Doctor who treated the claimant certified that there is 12% disability. When the percentage of disability was disputed by the respondents, tribunal has referred the claimant for further examination by the Medical Board. Medical Board assessed the disability at 4% and that was accepted by the tribunal. Being a child aged MACA.460/2003 2 12, taking guidelines from the 2nd schedule, 15 was taken as the multiplier. Tribunal also has taken notional income under the 2nd Schedule for calculating compensation. We see no ground to enhance the compensation granted for permanent disability. As far as the treatment is concerned, he sustained spine fracture and difficulties in movement of leg. He was inpatient in the hospital for 85 days. Operation was done natural fixation and further reduction screw fixation was done. Medical bills produced for Rs.2099.75 only and tribunal granted medical reimbursement of Rs.3,000/-. When a patient is in the hospital, there will be many incidental expenses which are not covered by the bills. Apart from the above, being a child of 12 years, a bystander is necessary through out his inpatient treatment till he becomes stable and able to move. The evidence will show that he was able to move only after six months and he was also removed from the school register due to continuous absence as proved by the certificate issued by the Headmaster. So, for incidental expenses not covered by the bills for the long inpatient treatment and bystander expenses, we award Rs.5,000/- and for loss of studies, we also award Rs.2,500/-. Thus, he will be MACA.460/2003 3 entitled to an additional amount of Rs.7,500/- over and above the amount awarded by the tribunal. The above amount of Rs.7,500/- should be deposited by the 6th respondent insurance company with 7.5% interest from the date of application till its deposit, and, on deposit of the amount, appellant is allowed to withdraw the same. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.A.C.A.NO.460 OF 2003 (B) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th August, 2008