IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 MACA.No. 520 of 2008(D) ---------------------- OPMV.1689/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE O.P.(MV) ----------------------- AKSHAY (MINOR) AGED 12 YEARS, REPRESENTED BY MOHANDAS FATHER AND NATURAL GUARDIAN, KALLIDUMBIL HOUSE PARAMBIL PEEDIKA P.O., VELIMUKKU MALAPPURAM DISTRICT. BY ADVS. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENTS IN THE OP(MV) --------------- 1. ABDUL GAFFUR,S/O. BEERAN DEVAPARAMBIL VEEDU, KUTTIPALA POST KOTTAKKAL, MALAPPURAM. 2. V.K.UMMER,S/O. MOIDEEN, AGED 30 YEARS VADAKKAYIL HOUSE, KAKKODI POST,KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO.LTD ARAFA BUILDING, COURT ROAD MANJERI, MALAPPURAM. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008, ALONG WITH M.A.C.A. 501/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.Nos. 520 OF 2008 & 501 OF 2008 --------------------------------- Dated this the 28th day of October, 2008 JUDGMENT These appeals are preferred against the award of the Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) Nos. 1689/2002 and 1694/2002. In O.P.(MV) 1689/2002, the injured was 7 year old boy and the Tribunal awarded him a compensation of Rs. 1,500/- and in the other case the injured was 39 year lady and she has been awarded a compensation of Rs. 1,000/-. 2. The learned counsel for the appellant had produced documents before me. A perusal of the document produced in connection with O.P.(MV) 1689/2002 would reveal that the boy was admitted in the Medical College Hospital, Kozhikode on 20.4.2002 and discharged on 25.4.2002. The boy had sustained swelling below the right eye, lacerated wound in the scalp and lacerated wound on the upper lip. Though CT scan was advised he did not take it. There was also some difficulty caused to one of the tooth. A reading of the award would show that the Tribunal has a double mind to accept or reject the case. But ultimately decided to grant M.A.C.A.No. 520 OF 2008 & 501 OF 2008 -2- compensation of Rs. 1,500/-. The fault which the Tribunal considered was the father did not admit the child on the previous day. In all cases where there is no serious injury and that it is a bus accident, there is lot of confusions and the child will be taken back home. When there some difficulty arises the boy will be admitted in the hospital. The medical records indicate the factum of the involvement of the accident and therefore I feel that the boy deserves compensation. The boy had a lacerated wound on the scalp and other injury including mobility of teeth and therefore I think it is fit case where compensation can be enhanced by Rs. 2,000/-. 2. So far as other case is concerned, 39 year old lady had taken only Ayurvedic treatment. A long prescription of medicines is seen which takes in some oil for reduction of pain besides take of other medicines. Taking into consideration this fact I hold that the lady can be granted some compensation. I had also perused the discharge card which indicates that she was treated as a patient in the hospital from 19.4.2002 and she was advised to take some medicines on account of the injuries sustained in the road accident. M.A.C.A.No. 520 OF 2008 & 501 OF 2008 -3- Therefore I award an enhanced compensation of Rs. 1,000/-. In the result appeals are disposed of and appellant in M.A.C.A. 520/2008 is awarded an additional compensation of Rs. 2,000/- and appellant in M.A.C.A.501/2008 awarded an additional compensation of Rs. 1,000/- . The Insurance Company is directed to deposit the said amount with 6% interest on the said sum from the date of petition till realisation within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN, JUDGE vkm