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 THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 MACA.No. 937 of 2005() ---------------------- OPMV.64/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: ----------------------------------- SARISH P.S., S/O. SADANANDAN, PLAVIDA HOUSE, MELOOR VILLAGE & P.O., MUKUNDAPPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): --------------- 1. MANAGING DIRECTOR, PHARMACEUTICAL CORPN. (IM) KERALA LTD., `OUSHADHI', S.N. ROAD, THRISSUR-682 001. 2. NARYANAN, S/O. NARAYANAN NAIR, KUNNAMKUMARATH HOUSE, MANAKULANGARA P.O. 3. MANAGER, STATE INSURANCE DEPT., AYYANTHOLE, THRISSUR-680 003. GOVERNMENT PLEADER SRI.MOHAMMED RAFFIQ FOR R3 SRI.U.K.RAMAKRISHNAN, SENIOR ADVOCATE FOR R1 & R2 SRI.E.K.MADHAVAN FOR R1 SRI.V.KRISHNA MENON FOR R1 SRI.SANDEEP.E. FOR R1 SMT.UMA GOPINATH FOR R2 SRI.P.J.ANILKUMAR FOR R2 SRI.U.K.DEVIDAS FOR R2. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No.937 of 2005 -------------------------------------- Dated this the 23rd day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. 1. Appellant is the claimant before the Tribunal. The accident occurred on 10.8.1998 when a Bus hit on the Bicycle on which he was riding. The appellant was aged 12 years at the time of accident and he was a school student. He sustained injuries like, thin subdural haemorrhage with brain oedema along with fracture of right occipital and frontal bone on the skull. He was hospitalised for 7 days. Thereafter he continued treatment as outpatient for a considerable period. The injury sustained to him had resulted in permanent disability which is assessed at 5%. The Tribunal awarded a total compensation of Rs.32,680/-. According to the appellant the amount awarded under various heads like compensation for pain & suffering, loss of amenities and enjoyment in life, compensation for permanent disability, medical expenses, transportation expenses, etc. are on the lower side. It is also contended that having accepted the fact that the appellant is suffering from permanent disability, he MACA.937 /05 2 would have been allowed with compensation of at least an amount of Rs.25,000/-, as per the provision contained in Section 140 of the Motor Vehicles Act. 2. On an anxious consideration of the evidence on record and the facts and circumstances of the case we feel that the amount awarded under various heads are slightly on the lower side, and enhancement of total compensation to Rs.50,000/- will be only just and reasonable to meet the ends of justice. 3. In the result, the appeal is partly allowed re-fixing the total compensation of Rs.32,680/- awarded by the Tribunal as Rs.50,000/-. The said amount of compensation will carry interest @ 7.5% per annum from the date of claim petition till payment. The 3rd respondent is directed to make payment of the amount within a period of 3 (three) months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb