IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 MACA.No. 1866 of 2008() ---------------------------------- OPMV.2993/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/ PETITIONER ----------------------------------- AJUMON @ AJMAL(MINOR), AGED 14 YEARS, S/O.SARAMMA ANGEL, KONNOTH HOUSE, C.C.IX/227,VELY, FORT KOCHI, REPRESENTED BY HIS NEXT FRIEND AND MOTHER, SARAMMA ANGEL.W/O.ANGEL, AGED 45 YEARS, DO..... DO... (PETITIONER IN M.A.C.T.) BY ADV. MR.P.M.JOSHI RESPONDENT(S): RESPONDENTS -------------------------- 1. MAHESH, S/O.RAMACHANDRAN, AGED 27 YEARS, SON OF NOT KNOWN, AADITA PARAMBIL.MLA ROAD, PANDIKUDY, RAMESWARAM VILLAGE. 2. MADHU.K, SON OF NOT KNOWN, IX/270, PUTHANAGARAM, VELI, KOCHI, ERNAKULAM. 3. UNITED INDIA INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, NO.3,JOSE TRUST BUILDING, CHITTOOR ROAD, COCHIN-35. (RESPONDENTS IN M.A.C.T.) R3 BY ADV. MR.T.J.LAKSHMANAN IYER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1866 OF 2008 ............................................. Dated this the 22nd day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ernakulam in OP(MV)No.2993/2001. The claimant, a young boy aged 7 years, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.15,000/= and exonerated the insurance company on the ground that there is no policy. It is against that, the claimant has come up in appeal for enhancement as well as for holding that the insurance company is liable. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the boy had sustained a fracture of the tibia and had undergone inpatient treatment for two days. It is certain that when there is a fracture of the tibia there would have been a plaster cast applied and the boy would have become immobile for at least 1-2 months. Though it is attempted to prove that he has lost one academic year, I am : 2 : M.A.C.A.NO.1866 OF 2008 not prepared to accept the same for the lack of real evidence regarding that matter. The Tribunal has awarded a global compensation of Rs.15,000/=. It is desirable that it is calculated on a basis and awarded. He had produced medical bills for Rs.1,635/=. I award medical expenses for Rs.2,000/=. Certainly on account of the injury sustained the boy's parents would not have been in a position to attend his/her work at least for a month to 6 weeks. I award Rs.2,000/= under that head. It is certain that special conveyance would have been used and some extra nutritious food would have supplied to the child. I award Rs.1,000/= together under that head. The boy about the age of 8 years was confined to bed for about 6 weeks which made him unable to move and certainly would have suffered pain and sufferings and thereafter also there would have been loss of amenities and enjoyment in life at least for a temporary period for the reason that nobody would have allowed him to play because of the injury on the tibia. Taking into consideration all these aspects, I award Rs.8,000/= towards pain and sufferings and Rs.4,000/= towards loss of : 3 : M.A.C.A.NO.1866 OF 2008 amenities and enjoyment in life making a total compensation of Rs.17,000/=. The Tribunal has already awarded a compensation of Rs.15,000/=. Therefore the claimant is entitled to an additional compensation of Rs.2,000/=. 3. Now comes the very important question regarding the exoneration of liability of the insurance company. The insurance company had admitted the existence of the policy and denied that the alleged accident was on 30.5.2001. But the accident was occurred on 30.4.2001. Subsequently claim petition stands amended and the date has been corrected as 30.4.2001. The police records and the treatment records also would reveal that the accident was on 30.4.2001. The learned counsel for the appellant has made available before me a copy of the charge sheet as well as the insurance policy. Both would indicate that the vehicle was covered with a valid insurance policy on the date of the policy. The policy had commenced from 18.4.2001 and ended on 17.4.2002. So, there was a valid coverage. So, the finding of the Tribunal that the insurance company is not liable also to be set aside. : 4 : M.A.C.A.NO.1866 OF 2008 4. In the result, the appeal is partly allowed. The claimant is awarded a total compensation of Rs.17,000/= with 7.5% interest on the said sum from the date of the petition till realisation and the third respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 5 : M.A.C.A.NO.1866 OF 2008