IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 MACA.No. 596 of 2004() ---------------------- OPMV.1369/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- MINOR SARATH BABU, S/O. BALAKRISHNAN, PUNNAYOOR HOUSE, MANIKANTESWARAM, P.O. KALLOOR, VIA. VADAKKEKAD, THRISSUR DIST. REPRESENTED BY HIS GUARDIAN NEXT FRIEND AND FATHER BALAKRISHNAN. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): --------------- 1. BABU, S/O. CHANDRAN, MALLOTH HOUSE P.O. CHITTILAPPILLY. 2. DIJESH, S/O. BHASKARAN, EDATHALA HOUSE, P.O. CHITTILAPPILLY, THRISSUR. 3. UNITED INDIA INSURANCE CO.LTD., KARUPPAM ROAD, THRISSUR. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 596 OF 2004 -------------------------------------------- Dated this the 14th day of August, 2009 JUDGMENT Abdul Rehim, J. Claimant in O.P.(MV) No. 1369/2001 of the Motor Accidents Claims Tribunal, Thrissur, is the appellant. The accident occurred when two Buses collided. The appellant was a passenger in one of the Buses. The Tribunal found the 2nd respondent guilty of causing the accident and hence the third respondent-insurance company was held liable for payment of compensation awarded. The appellant is seeking enhancement of the quantum of compensation awarded. 2. The appellant, a boy aged 12 years at the time of the accident, sustained serious injuries like fracture of left tibia and fibula and injury to left eye along with various lacerated wounds and abrasions. Medical records produced before the Tribunal revealed prolonged treatment both for Orthopaedic problems as well as for Opthalmology consultations. Ext. A236 certificate issued by the Opthalmologist revealed that the appellant had post traumatic optic atrophy in the left eye. In Ext. A237 disability certificate, which was marked subject to 2 proof, orthopaedic disability sustained by the appellant was assessed to the extent of 8%. The Tribunal awarded total compensation of Rs. 80,550/-. 3. Heard the learned counsel appearing for the appellant and standing counsel appearing for the third respondent-insurance company. The appellant contended that inspite of production of disability certificates evidencing orthopaedic disability to the extent of 8% and proof regarding diminished eye sight, the Tribunal had awarded only an amount of Rs. 35,000/- as compensation for disability and disfigurement, which is highly unrealistic and inadequate. It is also contended that various amounts awarded under different other heads are on the lower side. Standing counsel on the other hand vehemently opposed enhancement of compensation contending that there is no clear evidence adduced with respect to the disabilities. It is contended that reasonable amounts had already been awarded by the Tribunal under different heads. 4. On evaluating the evidence on record and on considering the facts and circumstances of the case, we are of the opinion that the appellant had sustained permanent orthopaedic disability as well as disminished vision on his left eye. Eventhough the appellant was a 3 non-earning person at the age of 12 years, we are of the opinion that the lumpsum amount of Rs. 35,000/- granted by the Tribunal towards compensation for permanent disabilities is on the lower side. We are inclined to refix the amount of Rs. 35,000/- awarded under the above head as Rs. 50,000/-. Since there is diminished eye sight and discomforts due to orthopaedic disability, we are inclined to grant a sum of Rs. 10,000/- towards loss of amenities and enjoyment in life. On the above basis, the total claim need be enhanced by a further sum of Rs. 25,000/-. In the result, appeal is partly allowed enhancing the total compensation of Rs. 85,550/- awarded by the Tribunal by a further sum of Rs. 25,000/- which will carry interest at the rate of 7.5% per annum from the date of Claim Petition till payment. The third respondent insurance company is directed to make payment of the amount within a period of three months. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 4