IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 MACA.No. 553 of 2006() -------------------------------- OPMV.313/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA, WAYANAD .................... APPELLANT/ 3RD RESPONDENT: ------------------------------------------------ UNITED INDIA INSURANCE CO. LTD.,KALPETTA REPRESENTED BY THE DEPUTY MANAGER, REGIONAL OFFICE "SHARANYA", HOSPITAL ROAD, ERNAKULAM, KOCHI-11. BY ADV. SRI.M.S.PATTALI SRI.K.J.KURIACHAN RESPONDENTS: PETITIONER 1ST,2ND AND 4 TO 6 RESPONDENTS: ------------------------------------------------------------------------------------------------ 1. RENY, AGED 11 YEARS, D/O. MATHAI, CHEMPALA HOUSE, P.O. AREMPETTAKUNNU, VYTHIRI TALUK, PETITIONER BEING MINOR REPRESENTED BY HER NEXT FRIEND,GUARDIAN AND FATHER MATHAI, AGED 34 YEARS, S/O. JOSEPH,CHEMPALA HOUSE, P.O. AREMPETTAKUNNU, VYTHIRI TALUK. 2. BIJU, AGE NOT KNOWN, S/O. N.J.JOHNY, NADUVILEDATH HOUSE, KAVUMANNA, THARIYODE. 3. P.N. PREMAN, AGE NOT KNOWN, S/O. NARAYANAN, PURATHOOTT HOUSE, PUTHUSSERYKADAVE P.O. 4. SHIBI P.T., AGE NOT KNOWN, S/O. THOMAS, PALAKKAL HOUSE, THARIYODE, WAYANAD DISTRICT. 5. V. KUNHIKRISHNAN, AGED NOT KNOWN, S/O. KUNHAMAN, SREEKRISHNA NIVAS, MANANTHAVADY. 6. NEW INDIA INSURANCE CO. LTD., KALPETTA BRANCH, KALPETTA. BY ADV. SRI.KKM.SHERIF FOR R6 SRI.A.A.ZIYAD RAHMAN FOR R6 SRI.VARGHESE PREM FOR R2 & R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO.617/2006 IN MACA. NO.553/2006 DISMISSED 19/08/2008. SD/- M.N.KRISHNAN, JUDGE // TRUE COPY // P.A. TO JUDGE Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 553 OF 2006 = = = = = = = = = = = = = = = Dated this the 19th day of August, 2008. J U D G M E N T This appeal is preferred by the 3rd respondent, insurance company against the award of the Motor Accidents Claims Tribunal, Wayanad challenging the finding of negligence as well as the quantum. A perusal of the award would reveal that the insurance company has sought permission under Section 170 of the M.V.Act and has been granted permission to contest the case. 2. A minor girl aged 11 years sustained injuries in a road accident. She was travelling in a bus and the said bus happened to collide with another bus and a crime was registered against the driver of the bus KLW-1857 driven by R1. PW1 was also examined. The Tribunal held that the accident took place on account of the negligence of R1 and therefore directed R1 to R3 to pay the compensation and exonerated R4 to R6 from the liability. I do not find any mistake in that finding and that does not call for any interference. M.A.C.A. 553 OF 2006 -:2:- 3. Now turning to the quantum the injuries sustained are lacerated wounds on the chin, upper lip, on the face and cheek and there was laceration of the upper incisor teeth. She was treated in the Fathima Matha Mission Hospital from 19.4.98 to 24.4.98. Dental consultation was done at the Medical College Hospital, Kozhikode and she was referred back to the Taluk Hospital thereafter. It is seen that she had produced medical bills for Rs.2,871/-. The Tribunal had granted a sum of Rs.11,000/- towards medical expenses, treatment and bystander's expenses and a sum of Rs.15,000/- as compensation for pain and sufferings when the medical bills are only for Rs.2,871/- and the hospitalisation is only for a period of 5 days, it may not be proper to award a sum of Rs.11,000/- which appears to be highly excessive, though it is true that she had to travel to Kozhikode for dental consultation. Therefore taking into consideration the factum of the actual medical bills coupled with the expenses to be met for the bystander's expenses, M.A.C.A. 553 OF 2006 -:3:- travel expenses and extra nourishment I think a sum of Rs.6,000/- will suffice and therefore an amount of Rs.5,000/- has to be deducted under that head. For four and five lacerated injuries the Tribunal has awarded a compensation of Rs.15,000/- for pain and sufferings which is also very much on the higher side and it has to be reduced to Rs.7,000/- and thereby reducing the compensation by Rs.8,000/- under that head. Therefore the Tribunal's award has to be reduced by Rs.13,000/- and when it is done the claimant will be entitled to a compensation of only Rs.19,200/- in stead of Rs.32,200/-. 4. In the result the MACA is partly allowed and the claimant is awarded a compensation of Rs.19,200/- with 6% interest on the said sum from the date of petition till realisation and 3rd respondent in the claim petition is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.A.C.A. 553 OF 2006 -:4:- 5. If the insurance company has already deposited the entire amount it is entitled for reimbursement from the claimant, otherwise they need satisfy only the amount awarded. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-