IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 MACA.No. 1159 of 2004(G) ------------------------------ OPMV.835/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): /PETITIONER ---------------------------------- SHIBU, S/O.AYYAPPAN, CHAKKINIYAN HOUSE,NALUKETTU P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------------------- 1. P.S.SANU, PALLIATH HOUSE, CHALAKUDY. 2. SAJEEV, S/O. AYYAPPAN, MUKKIL HOUSE,KAVVAKKATTUKUNNU P.O. 3. THE ORIENTAL INSURENCE COMPANY, CHALAKUDY. ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1159 OF 2004 = = = = = = = = = = = = = = = Dated this the 7th day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)835/96. The claimant, a minor boy aged 14 years at the time of the accident sustained fracture of the mandible with multiple abrasions. He was initially treated in the Government hospital for two days and thereafter was referred to the Medical College Hospital for further management. It was found that he had mobile teeth with fracture of the mandible. He had also mild mobility of his two lower anterior teeth. The Doctor who treated him issued a disability certificate of 5%. The Tribunal awarded Rs.10,000/- for pain and sufferings, Rs.6,000/- towards disability and loss of discomfort, Rs.500/- each for transport expenses and bystanders expenses. It has to be remembered that the boy had sustained a fracture of the mandible with multiple abrasions and he had at least mobility of three teeth. He M.A.C.A. 1159 OF 2004 -:2:- had also sustained a fracture of the mandible. So it is certain that he would not have been in a position to take solid food for a considerable length of time. He would have also been supplied with extra nutritious liquid diet at that point of time. Just because no medical bills are produced one cannot assume that he would not have spent any amount at all for treatment. Taking into consideration these aspects I am inclined to grant Rs.1,500/- towards extra nutritious food and medical expenses. The Tribunal has accepted the disability of 5% in this case on account of the mandible fracture. It has also found that he would have certain discomforts. The young boy at this age had sustained a mandible fracture with mobility of teeth that too at the age of 14 which would have certainly affected his day- today activities at least for a considerable length of time. Taking into consideration all these aspects together I am inclined to enhance the compensation towards the disability and loss of amenities and enjoyment of life by Rs.4,000/- thereby entitling the claimant an additional compensation of Rs.5,500/-. M.A.C.A. 1159 OF 2004 -:3:- 2. The Tribunal found that the driver did not have a valid driving licence at the time of the accident and there was a direction to pay and recover. He had chosen to remain exparte though notice was issued to him. The owner was not served and the driver was served and he had not entered appearance. Attempts were made before the Tribunal directing him to produce the licence but it did not yield any result. Further notice to him is not necessary in this case and therefore owner has to necessarily reimburse the insurance company. Therefore the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,500/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount. On deposit of the amount the insurance company is directed to get it reimbursed from the owner. M.N. KRISHNAN, JUDGE. ul/-