IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 MACA.No. 427 of 2003() -------------------------------- OPMV.1974/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER: -------------------------------------- ABBAS (MINOR) REPRESENTED BY GUARDIAN, FATHER SAIBUDEEN, S/O. ABDUL WAHAB, 16/15 SHANMUGHA THEATRE ROAD, R.S. PURAM, COIMBATORE, TAMILNADU. BY ADV. SRI.T.M.SUNIL SMT.S.CHITHRA RESPONDENTS: RESPONDENTS 4,5 & 7: ---------------------------------------------------------- 1. MUSTHAFA, S/O. LALU ROWTHER PATTACHANKAVU, PARA, ELAPULLY, PALGHAT. 2. CHANDRAN, S/O. MAYANDI, KORAPURA HOUSE, KAKATHODE, THENARI P.O. ELAPULLY, PALGHAT. 3. UNITED INDIA INSURANCE CO.LTD., MANNARKAD, PALGHAT. BY ADV. SRI.P.M.M.NAJEEB KHAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 427 OF 2003 = = = = = = = = = = = = = = = Dated this the 25th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)1974/93. The injured, a boy aged 8 years at the time of the accident had undergone prolonged treatment on account of the injury and the Tribunal awarded him a compensation of Rs.47,500/-. Dissatisfied with the same the claimant has come up in appeal. 2. Heard the counsel for appellant as well as insurance company. A perusal of the wound certificate would reveal that there was a perforation injury on cornea with iris prolapse. Though he was initially taken to local hospital was referred to the Medical College Hospital, Thrissur. But he got himself admitted in a private hospital at Coimbatore K.G. Hospital. It is seen that the prolapsed iris was corrected and suturing of corneal laceration was done. It can also be seen M.A.C.A. 427 OF 2003 -:2:- that he was treated as an inpatient in the said hospital on three occasions and had produced medical bills for Rs.14,320/-. It is true that the boy has not produced any disability certificate as such but Ext.A32, a certificate issued by Eye Foundation would reveal that the boy has got double vision @ diplopia and there is some partial visual disability to the left eye. This certificate also shows about the seriousness of the injury which resulted in lens implantation again which required another surgery. So these factors would reveal that the boy had sustained very serious injuries and therefore some additional compensation has to be awarded. It is true for a precise mathematical calculation, disability certificate is not produced but the facts remain that he had sustained very serious injuries on the eye. Therefore I feel this is a fit case where the disability compensation as well as compensation for loss of amenities and enjoyment can be increased by Rs.5,000/- each. Towards medical expenses and attendant expenses only a sum of Rs.15,000/- is granted in spite of the fact that the medical bills itself M.A.C.A. 427 OF 2003 -:3:- cover Rs.14,320/-. I feel the seriousness of the injury, the three time hospitalisation etc. would have prevented the party from preserving all the bills and further there would have been always somebody with the child till he would have recovered considerably well. So I award Rs.2,000/- more under that head thereby enhancing the compensation to Rs.12,000/-. 3. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.12,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-