IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 MACA.No. 552 of 2008() --------------------------------- OPMV.3161/2001 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OPMV: -------------------------------------------------- SOUMESH (MINOR), AGED 16 YEARS, REPRESENTED BY HIS FATHER AND LEGAL GUARDIAN BALACHANDRAN, RESIDING AT KEEZHATHODI HOUSE, KOOTTIL POST, MANKADA VIA, MALAPPURAM. BY ADV. MR.AVM.SALAHUDIN RESPONDENTS/RESPONDENTS IN OPMV: ------------------------------------------------------------ 1. C.KUNHAVARA, S/O.HYDRU, PERANTHODAN HOUSE, PULAMANTHOLE POST, MALAPPURAM. 2. SAINUDHEEN, S/O.ABDULLA, CHERIYAM HOUSE, RAMANATTUKARA POST, KOZHIKODE. 3. THE UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, WHITE LINE BUILDING, KALLAI ROAD, KOZHIKODE. R3 BY ADV. MR.PMM.NAJEEB KHAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.552 OF 2008 ............................................. Dated this the 15th day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.3161/2001. A minor child, aged 11 years sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.6,000/=. It is against that decision, the appeal is preferred. 2. The learned counsel for both sides had made available before me for perusal the documents. The learned Tribunal did not believe the wound certificate and commended that there is no reference to the Medical College Hospital in the same. The investigator of the insurance company had also taken a copy of the wound certificate which I had perused and it tallies with the wound certificate produced by the claimant. In the wound certificate it is clearly stated that the patient is referred to Medical College Hospital. So, the approach made by the Tribunal is totally erroneous. Now regarding the quantum of compensation. The appellant had sustained an abrasion : 2 : M.A.C.A.NO.552 OF 2008 on the molar region and abrasion on the right knee with 2 cm diameter and also epiphysical injury on tibia with fracture on the base of the 5th meta tarsal left foot. He was referred to the Medical College Hospital. At the Medical College Hospital it was confirmed about the injury sustained by him and treated as an inpatient from 20.12.2000 and discharged on 26.12.2000 and on the date of discharge, he was advised not to walk and with these materials I proceed to fix the compensation. 3. The boy had undergone treatment in two hospitals. For treatment expense, I award Rs.750/= and towards bystanders expense, award Rs.700/=. The boy had been taken to the hospital after the discharge and expenses would have been met for transport and extra nourishment for which I allow Rs.500/=. Similarly for pain and sufferings and on account of the injury sustained, I award Rs.6,000/=. It can be seen from the medical records that the boy had sustained epiphysical injury on dictal tibia as well as fracture on the meta tarsal. Certainly a boy at the age of 11 years should like to play. But it deprived him : 3 : M.A.C.A.NO.552 OF 2008 from enjoyment at least for a temporary period and taking into consideration all these aspects, towards loss of amenities and enjoyment in life I award Rs.5,500/= making a total compensation of Rs.13450/=. The Tribunal has only awarded interest of 6% which is insufficient and I make it by 7.5%. Since the claimant is awarded Rs.6,000/= by the Tribunal, he is entitled to the balance of Rs.7,450/=. Therefore the appeal is partly allowed and the claimant is awarded an additional compensation of Rs.7,450/= with 7.5% interest on the said sum from the date of the petition till realisation and the insurance company is directed to the deposit the said amount. The insurance company is also bound to pay interest at the rate of 7.5% for the entire amount awarded and shall deposit the sum within a period of 60 days from the date of receipt of a copy of this judgment M.N.KRISHNAN, JUDGE cl : 4 : M.A.C.A.NO.552 OF 2008