IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 MACA.No. 2375 of 2009() ----------------------- OPMV.776/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT: PETITIONER ------------------------ SAJITH (MINOR, AGED 11 YEARS), REPRESENTED BY HIS FATHER & GUARDIAN, MANIKANDAN, S/O.THAYANKAN, RESIDING AT KOTTAKARA, ERIMAYUR AMSOM, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.BENOJ C AUGUSTIN SRI.PRATHAP PILLAI RESPONDENTS: RESPONDENTS -------------------------- 1. THE DEVELOPMENT OFFICER, RUBBER BOARD, REGIONAL OFFICE, PALAKKAD – 678 001. 2. ARAVINDHAKRISHNAN, S/O.PARAMESWARAN NAIR, N.K.NILAYAM, NALLEPPILLY, CHITTUR TALUK, PALAKKAD DISTRICT – 678 553. 3. NATIONAL INSURANCE COMPANY LIMITED, PALAKKAD BRANCH OFFICE, III FLOOR, EAST FORT COMPLEX, PALAKKAD – 678 013. ADV. SMT.RAJI T.BHASKAR FOR R3 SRI.M.A GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jj R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ M.A.C.ANO:2375 OF 2009 ----------------------------------------------------------- Dated this the 7th September, 2011. JUDGMENT Basant, J. The claimant, a minor child is the appellant. Through his father/guardian he claimed compensation for personal injuries suffered by him in an accident which occurred on 23-7-2001. At the relevant time the appellant was a minor aged four years. He suffered injuries including fracture of the temporal bone detected in a scan report. He continued as an inpatient for a period about six days. Against a total claim of Rs.1,81,000/- the Tribunal awarded an amount of Rs.28,633/- as per the details given below:- SL.No. HEAD OF CLAIM AMOUNT CLAIMED AMOUNT AWARDED 1 Loss of earnings Nil 2 Partial Loss of earnings Nil 3 Transport to hospital 5000 2000 4 Extra nourishment 5000 1500 5 Damage to clothing articles 1000 500 6 Other Medical expenditure 20000 4883 7 By-stander expenses Nil 750 M.A.C.A.2375/2009 2 SL.No. HEAD OF CLAIM AMOUNT CLAIMED AMOUNT AWARDED 8 Compensation for pain and suffering 50000 15000 9 Compensation for continuing or permanent disability if any 50000 Nil 10 Compensation for the loss of earning power 50000 Nil 11 Compensation for loss of amenities and enjoyment in life 4000 Total 181000 28633 2. Challenge is raised only against the quantum of compensation. We have heard learned counsel for the appellant and the learned counsel for the insurance company. Called upon to explain and be specific the learned counsel for the appellant assails the impugned award on various grounds. First of all it is contended that the Tribunal erred in not accepting the entire amount claimed as medical expenses on the unsatisfactory ground that in some of the bills, the name of the claimant had not been entered. We are of the opinion that ritualistic insistence on production of documents need not be made by the Tribunal. Even in the absence of documents, the Tribunal will be perfectly justified in awarding amounts for medical expenses. It must then be zealously ensured that primarily the burden is on the claimant to produce authentic, crisp and cogent data before M.A.C.A.2375/2009 3 the Tribunal. But even when documents are not produced, appropriate inference about the probable expenses can be made from the nature of injuries, period of treatment etc. Taking all relevant inputs into account, we are satisfied that with respect to a minor child aged four years Rs.6000/- could have been awarded as compensation for medical expenses. 3. Learned counsel for the appellant next contends that the amount of compensation under the head of pain and suffering is not sufficient. Rs.15000/- has been awarded. In addition to the said amount, an amount of Rs.4000/- under the head of compensation for loss of amenities and enjoyment of life. During the period of treatment as inpatient and thereafter as an out patient, the child must have been subjected to a lot of trauma, pain and suffering. For such compensation for pain and suffering we are satisfied that a total amount of Rs.25000/- can be granted in the facts and circumstances of this case. 4. We are not satisfied that the amount awarded under any other head deserves or warrants interference. 5. On the basis of the above discussions, we come to the conclusion that the appellant is entitled for a further amount of Rs.7117/- (Rupees seven thousand one hundred and seventeen M.A.C.A.2375/2009 4 only) as compensation in addition to the amount awarded by the Tribunal. 1. Medical expenses Rs.1117(6000-4883) 2. Compensation for pain and sufferings and loss of amenities Rs.6000(25000-19000) ------------------ Total Rs.7117 ======= 6. In the result; a) This appeal is allowed in part. b) The appellant is entitled to a further amount of Rs.7117/- (Rupees seven thousand one hundred and seventeen only) in addition to the amount already awarded by the Tribunal. c) We make it clear that the entire amount of compensation shall carry interest at the rate and for the period specified by the Tribunal in the impugned award. d) All other directions of the Tribunal are upheld. R. BASANT Judge K. SURENDRA MOHAN Judge jj M.A.C.A.2375/2009 5