IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 MFA.No. 316 of 2003() --------------------- OPMV.1832/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT: PETITIONER --------------------- SEBI (MINOR) S/O.SEBASTIAN, PARAKKATTU THARAPPIL HOUSE, KUDAVECHOOR KARA, VECHOOR VILLAGE, REPRESENTED BY THE NEXT FRIEND AND FATHER SEBASTIAN, DO. DO. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: RESPONDENTS ------------------------ 1. THILAKAN, S/O.CHELLAPPAN, MANAYATHUCHIRA HOUSE, PADINJANTTUMCHERRY THEKKEMURI KARA, VAIKOM VILLAGE. 2. THE NATIONAL INSURANCE CO. LTD. KOTTAYAM. BY ADV. SRI.E.M.JOSEPH FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.F.A. No.316 of 2003 .................................................................... Dated this the 17th day of September, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. The appeal is filed for enhancement of compensation for the injury sustained by a minor child in a motorcycle accident that happened in 1994. We find that four claims by the same family members were considered by the MACT and compensation was awarded in each case. The total compensation awarded for the injury to the minor child which is subject matter of appeal, is Rs.1,29,000/-. Counsel for the appellant contended that the child at the age of four and a half years sustained major injuries to the limbs and one finger was amputated. However, counsel for the Insurance Company contended that compensation awarded is only high and there is no justification for increase. On going through the award, we find that the child was hospitalised for around 15 days and there is no head injury or injury to vital organs except to the leg and to the arm. Substantial disability is on account of loss of middle finger of the left hand. There is no case in the appeal that in the course of last 14 2 years the claimant retains any serious infirmity except on account of loss of the finger. In the circumstances, we feel the amount of compensation awarded is quite reasonable. We accordingly dismiss the appeal. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms