IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 MACA.No. 2118 of 2006 -------------------------- OPMV.1255/2000 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... PETITIONER/APPLICANT ---------------------------- G.S.ARUNNATH,(MINOR), AGED 8, D.O.B: 7-11-1991, REP. BY GUARDIAN MOTHER T.M.SAJITHA GOPINATH,AGED 30,W/O.GOPINATH,THOTTOLI MEETHAL(H), PO. MADAPPALLY COLLEGE,VIA.VADAKARA,KOZHIKODE DT., PIN-673102,NOW R/AT 'USHUA',CHAKKERI PARAMBATH, THUMMANDIKULAM RD.,PO.WEST HILL,CALICUT-673 005. BY ADV. SMT.P.K.RADHIKA RESPONDENTS: RESPONDENTS ------------------------------------ 1. M.KARTHIKEYAN, AGED 30 YEARS, A/O. UNNIPERAVAN, MANNIL HOUSE, P.O.WEST HILL, CALICUT-673 005, DL.NO.2065/87. B.NO.1863/88. 2. MOHANDAS, AGED 36 YEARS, S/O. CHATHU, 'DANAGIRI', MADATHIL HOUSE, P.O.KUNDUTHODU, KAVILUMPARA, THOTTILPALAM, KOZHIKODE DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, VELIMANNA BUILDING, THAMARASSERY, KOZHIKODE-673 573. POLICY NO.100312/31/01/1304/98. BY ADV. SMT.T.C.SOWMIAVATHY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K.P. BALACHANDRAN,JJ. --------------------------------------------------------------- M.A.C.A. No 2118 of 2006 --------------------------------------------------------------- Dated this the 7th August 2008 JUDGMENT Koshy, J. Appellant - claimant, at the age of 8, sustained injuries in a motor accident on 31.07.1999. He claimed compensation of Rs 1,50,000/- in an application filed through his mother as guardian. Tribunal awarded Rs 54,950/- with interest and costs. Out of the above amount, Rs 27,000/- was awarded for medical expenses on the basis of bills produced. The contention of the appellant is that the amount awarded is very meagre. The total amount of medical bills produced was Rs 26,398/-. He was inpatient for 17 days. No amount was awarded for a bystander. Since the claimant was a child 8 years at the time of accident presence of a bystander on his side was extremely necessary. There will be many expenses not covered by bills during the inpatient treatment and out patient treatment. Considering the fact that the claimant was inpatient for 17 days and thereafter for about three months he was undergoing treatment, we award an amount of Rs 2,500/- towards the expenses of bystander as incidental expenses. It is submitted that for permanent disability, loss of earning capacity etc. no amount was awarded. For loss of amenities in life a sum of Rs 3,000/- was awarded. It is submitted that the claimant could not pursue his studies for one year and he lost one year. He had fracture on both bones of left leg and he continued his MACA 2118/06 2 treatment from 31.07.1999 to 13.02.2000 as could be seen from the bills produced towards medical expenses. Therefore we award an additional amount of Rs 5,000/- for loss of studies and after effects due to fracture or injury sustained. Thus the claimant is altogether entitled to an additional amount of Rs 7,500/- than what was awarded by the Tribunal. The additional amount should be deposited in a nationalised Bank by the third respondent Insurance Company over and above the amount already awarded by the Tribunal with 7.5% interest from the date of petition till date of deposit and the appellant is allowed to withdraw the amount when he becomes major. The appeal is disposed of as above. Sd/- J.B. KOSHY Judge Sd/- K.P. BALACHANDRAN Judge 07/08/2008 en [true copy]