IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 MACA.No. 1464 of 2006() ---------------------------------- AGAINST THE ORDER DATED 24/03/2004 IN OPMV.1974/1995 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------- K.U.SHAHIR KUNHAPPA, KIZHAKTHE VALAPPIL, KADAMKODE, KUNATHURMEDU, PALAKKAD TALUK. BY ADV. SRI.A.R.GANGADAS RESPONDENT(S): --------------------------- 1. SABU, S/O.SHAIK HAMEED, VARASAPET, POTHANNUR, COIMBATORE. 2. M.V.RAJA, S/O.RAMASWAMY, 255, 6TH STREET, GANDHIPURAM, COIMBATORE, TAMIL NADU. 3. UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, BANK OF BARODA BUILDING, 4TH FLOOR, P.B.NO.3801, STATE BANK ROAD, COIMBATORE. 4. PUTHAN PURAKKAD MANI, S/O.APPUNNI, KAKKOOTH HOUSE, VALIYANGADI, PERINTHALMANNA, P.O.MALAPPURAM. 5. ABOOBACKER, S/O.KUNHAMMU, PERUMPALLY HOUSE, PERINTHALMANNA. 6. THE ORIENTAL INSURANCE CO.LTD., NILAMBUR BYE PASS JUNCTION ROAD, MANJERI. ADV. SMT.K.C.BEENA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2008, ALONG WITH MACA NO.1613 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1464 OF 2006 & M.A.C.A.No. 1613 OF 2006 --------------------------------- Dated this the 18th day of November, 2008 JUDGMENT These appeals are preferred against the award of the Motor Accident Claims Tribunal, Palakkad in O.P.(MV) Nos. 1974/95 and 2002/95. The claimant in O.P.1974/95 is a young boy aged 13 years at the time of the accident. He had sustained a fracture on the Patella and treated as inpatient in the hospital from 6.4.95 to 10.4.95. A disability certificate at 5.5% was issued by Dr. V.Y. Koya which was not accepted by the Tribunal for non examination of the doctor. Further, it is only issued for the purpose to show that he was a physically handicapped person. With these materials, let me analyse the matter. He was inpatient in the hospital for 4 days and therefore I award an amount of Rs. 200/- towards bystanders expenses. Since the boy at this young age had sustained fracture on the patella, certainly it would have caused him more pain and he would not have been in a position to play or run as he wants. Therefore I award an amount of Rs. 1,500/- more towards compensation for pain and suffering and Rs. 2,000/- for M.A.C.A.No. 1464 OF 2006 & M.A.C.A.No. 1613 OF 2006 2 loss of amenities and enjoyment. Thereby the claimant will entitled to get an additional compensation of Rs. 3,700/- 2. So far as O.P. 2002/95 is concerned, the claimant is a 19 year old girl. She had sustained fracture on the inferior public ramus left side of the pelvis. She was treated as inpatient in the hospital from 5.4.95 to 10.4.95. The tribunal awarded a total compensation of Rs. 6,050/-. It also requires some modification. The Tribunal has not awarded any compensation towards bystanders expenses. I award an amount of Rs. 250/- towards bystandars expenses. Similarly, at the age of 19, she had sustained a fracture of the pubic ramus, certainly it would have caused a temporary disablement for some point of time. It is true that disability is not properly proved, but that does not mean that she has not suffered. I award an amount of Rs.2,000/- more towards pain and suffering and Rs. 2,000/- for loss of amenities. Therefore the claimant will be entitled to get an additional compensation of Rs. 4,250/-. The claim petitions were disposed of on 24th March, 2004 and the appeal filed on 2.6.2006. There was no fault on the part of the respondents for such delay and therefore the claimants cannot claim interest for that period. Therefore the M.A.C.A.No. 1464 OF 2006 & M.A.C.A.No. 1613 OF 2006 3 appeals are disposed of as follows: In O.P.(MV) 1974/95, the claimant is entitled to get an additional compensation of Rs. 3,700/- with 7% interest on the said sum from the date of petition till 24.3.2004 and from 2.6.2006 till realisation. The third respondent Insurance Company is directed to deposit the same within 60 days from the date of receipt of copy of the judgment. In O.P.(MV) 2002/95, the claimant is entitled to get an additional compensation of Rs. 4,250 with 7% interest on the said sum from the date of petition till 24.3.2004 and from 2.6.2006 till realisation. The third respondent Insurance Company is directed to deposit the same within 60 days from the date of receipt of copy of the judgment. The appeals are disposed of accordingly. M.N. KRISHNAN, JUDGE vkm