IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 MACA.No. 533 of 2003(C) ----------------------------------- O.P.(MV).NO.610/1998 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD. . .................... APPELLANT/ PETITIONER: -------------------------------------- 1. MAWAS ALIAS ABOOBACKER MAWAS, AGED 13 YEARS, (DATE OF BIRTH 11-3-1991) S/O.MUHAMMED P.A., MINOR, REPRESENTED BY FATHER GUARDIAN MOHAMMED P.A., AGED 40 YEARS, S/O.ABOOBACKER, RESIDING AT BISMILLAH MANZIL, PACHILAMPARA, UPPALA, KASARAGOD DISTRICT. 2. MOHAMMED P.A., AGED 40 YEARS, S/O.ABOOBACKER, RESIDING AT BISMILLAH MANZIL, PACHILAMPARA, UPPALA, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN, ADV. SRI.K.P.HARISH. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. SUBBANNA RAI, DRIVER, S/O.VISHWANATHA RAI, K.S.R.T.C. DEPOT, KASARAGOD. 2. THE MANAGING DIRECTOR, K.S.R.T.C. TRANSPORT BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI. P.V. JYOTHI PRASAD, S.C. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.533 OF 2003 ------------------------------------- Dated 15th October, 2008 JUDGMENT Koshy,J . The first appellant/claimant at the age of seven sustained injuries in a motor accident due to the negligence of the first respondent driver of the vehicle owned by the second respondent. He filed an application claiming Rs.3,00,000/= as compensation. The Tribunal awarded only Rs.30,000/=. Only quantum of compensation is disputed in this appeal. Ext.A3 wound certificate shows the following injuries: “(1) Bleeding from the Rt. Nostril. (2) Abrasion over the Rt. Cheek – 1”x1” (3) Emulsion of skin over the scalp (Rt) (4) Muco membranous abrasion and lacerated wound near the nose measuring 2 ½ cm x 1½ cm x muscle deep. Impression : Rt. Parietal depressed fracture skull with scalp emulsion with facial and lip lacerations.” It is the case of the claimant that he lost his studies and apart from physical disability, mental disability also occurred. He was under treatment for a long time. Ext.A6 disability certificate shows that there MACA.533/2003 2 was 10% disability. The above certificate was issued by Dr.S.C.Bantwal, M.S., M.Ch. (Neuro). The certificate reads as follows: “He continues to have a neurological deficit by way of speech disorder, impaired higher mental function and gait ataxia. The percentage of total permanent disability can be put at 10%.” But, the Medical Board certified by Ext.X1 certificate that there is no psychiatric disability. Therefore, no compensation was awarded for disability, but, for loss of amenities the Tribunal awarded Rs.6,000/=. Considering the medical certificates and also considering the serious injuries sustained by the child at the tender age, we are of the opinion that another Rs.7,000/= should be awarded for loss of studies and serious injuries and its consequences. Even though it is argued that the compensation awarded under other heads are also very meagre, considering the injuries and total compensation awarded, we are of the opinion that no enhancement is necessary under other heads. The above additional amount of Rs.7,000/= should be deposited by the second respondent with 7.5% interest from the date of application till its deposit, over and above the amount decreed by the Tribunal, in a MACA.533/2003 3 nationalised bank enabling the first appellant to withdraw the same when he became major. The appeal is partly allowed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks