IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 MACA.No. 1875 of 2005(C) ----------------------- OPMV.862/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT : CLAIMANT ---------------------- AHAMMED P.R.(MINOR), REPRSENTED BY FATHER AND GUARDIAN, P.M.RAFEEK MOHAMMED, S/O.P.K.MOHAMMED PARAMABATHKANDY(H), B.P.ANGADI, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT : 3RD RESPONDENT ----------------------------- THE MANAGER, NATIONAL INSURANCE CO LTD., DIVISIONAL OFFICE, P.B.NO.11, MAVOOR ROAD, CALICUT. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW SMT.RUPA MARIAM THOMAS THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. *********************** M.A.C.A No.1875 of 2005-C ***************************** Dated this the 17th day of August, 2011 JUDGMENT BASANT, J. Claimant is the appellant. Claimant is a child aged 4 ½ years. He is represented by his father. He claimed compensation for loss sustained by him on account of personal injuries suffered in a motor accident which took place on 20.01.2000. The Tribunal, by the impugned award, directed payment of a total amount of Rs.1,86,308/- as per the details given in para.7, which we extract below: i) Transport to hospital : Rs. 500.00 ii) Extra nourishment & bystander's expenses : Rs.20,300.00 iii) Medical expenses : Rs.10,508.00 iv) Pain and sufering : Rs.20,000.00 v) Disability (15000X60X15)/100 : Rs.1,35,000.00 ---------------- Total : Rs.1,86,308.00 --------------------- 2. The learned counsel for the appellant assails the impugned award on various grounds. The learned counsel first M.A.C.A No.1875 of 2005-C 2 of all contends that though the appellant injured was hospitalised for a period exceeding 200 days, the Tribunal has awarded an amount of Rs.10,508/- only for medical expenses. According to the learned counsel for the appellant, the medical bills produced before the Tribunal far exceeds Rs.2 lakhs. Without assigning any reason and even without adverting to the question, the Tribunal has granted only an amount of Rs.10,508/-, it is pointed out. 3. The learned counsel for the appellant submits that even though disability to the extent of 60% has been suffered by the appellant, who was a child aged 4 ½ years at the relevant time, the Tribunal has surprisingly not awarded any amount under the head of loss of amenities. The learned counsel for the appellant submits that even now the treatment of the appellant is continuing and the appellant craves for an opportunity to adduce further evidence in support of his claim. The Tribunal may be directed to consider the matter afresh in accordance with law after giving the appellant further opportunity to adduce all evidence to impress upon the Tribunal the present condition of the child and his subsequent treatment, prays the learned counsel for the appellant. M.A.C.A No.1875 of 2005-C 3 4. We are satisfied that the request of the learned counsel for the appellant can be accepted. We do accordingly set aside the impugned award and direct the Tribunal to dispose of the matter afresh after giving the parties opportunity to adduce all further relevant evidence that they may choose to adduce. 5. We make it clear that we have not intended to express any opinion on the question of adequacy of compensation awarded, but, at any rate, we are satisfied that the amount awarded under the impugned award can be released to claimant in accordance with the directions of the Tribunal without waiting for the fresh award to be passed. We say so, as we note that no appeal has been preferred by any of the respondents against the impugned award. 6. In the result: i) This appeal is allowed in part; ii) The impugned award is set aside and the Tribunal is directed to dispose of the matter afresh in accordance with law after giving the parties further opportunity to adduce evidence; iii) The parties shall appear before the Tribunal on M.A.C.A No.1875 of 2005-C 4 19.09.2011. The Tribunal shall make every endeavour to dispose of the matter thereafter as expeditiously as possible - at any rate, within a period of 3 months from that date; iv) We make it clear that the amount deposited in accordance with the impugned award can be dealt with in the manner directed by the Tribunal under the impugned award without waiting for fresh disposal of the O.P(M.V) No.862 of 2000. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/