IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 MACA.No. 1581 of 2010() ------------------------------ OPMV.138/2008 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITONER IN OP(MV) --------------------------------------------- SONA (MINOR), AGED 9 YEARS, D.O.B. 15-03-2001, REPRESENTED BY HER FATHER SHAJU, S/O.V.U.PAILY, RESIDING AT VADAKKEDATHIL HOUSE, KUTTIKATTOOR POST, KOZHIKODE. BY ADVS. SRI.A.V.M.SALAHUDIN SMT.P.Y.SHEHEERA SRI.G.ARUN GOPAN RESPONDENT(S): RESPONDENTS IN OP(MV) --------------------------------------------------- 1. THE PRINCIPAL, KENDRIYA VIDYALAYA NO.2, GOVINDAPURAM, KOZHIKODE. 2. ARAVINDAKSHAN.K., S/O.KARUNAKARAN, RESIDING AT JANUSHA, MANKAVU POST, KOZHIKODE. 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, 1ST FLOOR, KINGS WAY BUILDING, MAVOOR ROAD JUNCTION, KOZHIKODE. R3 BY ADVS. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A No. 1581 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of October, 2010 JUDGMENT P.Q.BARKATH ALI (J) Appellant is the claimant in O.P(M.V)No.138/2008 of Principal Moor Accident Claims Tribunal, Kozhikode. She was aged 6 years at the time of accident and was a student. She sustained a fracture of neck of femur right in a motor accident that occurred on July 28th 2008 at about 2.30 p.m. The accident happened, while she was travelling in a bus bearing Registration No.KL-11/D1712 from Eravathukunnu to Medical College and when the bus reached near Kendriya Vidyalayam, it hit against a wall on the side of the road and capsized. Alleging negligence against the 2nd respondent driver of the bus, claimant filed the O.P before the tribunal under Section 166 of Motor Vehicles Act through her next friend, father claiming a compensation of Rs.2,00,000/-. 2. Respondents 1 and 2, the owner and the driver of the offending bus in their written statements admitted the accident M.A.C.A No. 1581/2010 2 but denied the liability. The 3rd respondent, the insurer of the offending bus admitted the policy. Exts.A1 to A5 were marked on the side of the claimants before the Tribunal. No evidence was adduced by the respondents. On an appreciation of evidence, the tribunal found that the accident occurred due to the negligence of the 2nd respondent and awarded a compensation of Rs.32,726/- with interest at the rate of 7% per annum from the date of petition till realisation and a cost of Rs.500/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the tribunal. 3. Heard the counsel for the appellant/claimant and the counsel for the Insurance Company. 4. The accident is not disputed. Finding of the tribunal that the accident occurred due to negligence of 2nd respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 5. The tribunal awarded a total compensation of M.A.C.A No. 1581/2010 3 Rs.32,726/-. The break up of the compensation amount awarded is as under. Transport to hospital : 500/- Damage to clothing : 250/- By stander's expenses : 1,000/- Treatment expenses : 13,976/- Pain and suffering : 16,000/- Loss of amenities : 1,000/- 6. The counsel for the claimant sought enhancement of the compensation for the pain and suffering endured by the claimant and on other heads. The tribunal awarded Rs.16,000/- for pain and suffering endured by the claimant. Taking into consideration nature of the injury sustained by the claimant, we feel that a compensation of Rs.20,000/- would be reasonable on this count. Thus claimant is entitled to an additional compensation of Rs.4,000/- under this head. 7. The tribunal awarded only Rs.1,000/- for loss of amenities and enjoyment in life which appears to be very low. M.A.C.A No. 1581/2010 4 Having regard to the nature of the injury sustained, we feel that a compensation of Rs.7,500/- would be reasonable on this count. Thus on this count, claimant is entitled to an additional compensation of Rs.6,500/-. 8. Rs.13,976 was awarded for the medical expenses by the Tribunal. The claimant produced Ext.A5 series bills for Rs.34,123/- . The Tribunal rejected some of the bills on the ground that those are the amounts paid towards advance. Taking into consideration, the nature of the injuries sustained by the claimant and the treatment she has undergone, we feel that an additional compensation of Rs.10,500/- would be reasonable on this count. As regards compensation awarded under other heads, we find the same to be reasonable and therefore are not for disturbing the same. 9. Thus the claimant is found entitled to an additional compensation of Rs.21,000/-. He is entitled to interest at the rate of 7% per annum from the date of petition till realization and proportionate cost. The 3rd respondent being the insurer of the M.A.C.A No. 1581/2010 5 offending vehicle shall deposit the amount before the Tribunal within two months from the date of the receipt of the copy of this judgment. In the result, appeal is disposed of as found above. Sd/- A.K.BASHEER, (JUDGE) Sd/- P.Q.BARKATH ALI, (JUDGE) ss/- /True Copy/ P.A.to Judge