IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 MACA.No. 478 of 2004() ---------------------- OPMV.1961/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- JEBIN NINAN, AGED 19 YEARS, SON OF GEORGE NINAN, THARAKAN VEEDU, KARIMUGAL, PUTHENCRUZ. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.NITHYA.K. RESPONDENT(S): RESPONDENTS -------------------------- 1. K.P.ELDHO, KILITHATIL HOUSE, THENGODE P.O., KAKKANADU. 2. JOY THOMAS, PAROOKKARAN HOUSE, MORAKKALA KARA, KUMARAPURAM P.O. 3. THE ORIENTAL INSURANCE CO. LTD., M.G.ROAD, COCHIN-11 4. THANKAPPAN, VADAVATTU HOUSE, KANINADU, VADAVUKODE P.O. 5. T.SANTHOSH, VADAVATTU HOUSE, KANINADU, VADAVUKODE P.O. 6. THE NATIONAL INSURANCE CO LTD., PERUMBAVOOR. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R6 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. * * * * * * * * * * * * * * * * * * M.A.C.A.No.478 of 2004 ---------------------------------------- Dated this the 19th day of February 2009 J U D G M E N T BASANT,J The minor claimant is the appellant. Through his guardian, he claimed compensation for loss suffered in a motor accident which took place on 06/03/1996. An amount of Rs.1,62,750/- was claimed. The Tribunal awarded an amount of Rs.50,250/- only. The claimant was a minor aged 11 years at the time of the accident. He was a student. He had suffered fracture of the right mandible and alveolar fracture. He has lost three teeth. He was an in-patient for a period of ten days. The tribunal, on an anxious evaluation of all the relevant circumstances, proceeded to pass the impugned award directing payment of an amount of Rs.50,250/- as per the details given below: Transport to Hospital Rs.500/- Damage to clothing Rs.250/- Expenditure to bystander Rs.1,000/- Extra nourishment Rs.500/- M.A.C.A.No.478/04 2 Medical expenses Rs.16,000/- (Against bills produced) Loss of educational prospects Rs.2,000/- (loss of inability to attend classes) Pain and suffering Rs.15,000/- Loss of amenities Rs.15,000/- Total Rs.50,250/- 2. The appellant claims to be aggrieved by the impugned award. Called upon to explain the precise nature of the challenge which the learned counsel for the appellant wants to mount against the impugned award, the learned counsel for the appellant submits that the appellant minor aged 11 years at the relevant time will have to meet expenses for change of denture till the age of 17 years as was revealed from Ext.A17 certificate. It has been certified by the doctor that a further amount of Rs.15,000/- will be required in future. No amount has been awarded under this head. The tribunal must have reasonably anticipated the future expenditure for change of denture till the child attains the age of 17 years and thereafter. 3. We are satisfied that fair, reasonable and just amounts have been awarded under all other heads. The probable M.A.C.A.No.478/04 3 expenses in future for changing dentures have not been taken into account by the Tribunal and no amount has been awarded for future expenses. We are, in the circumstances of the case, satisfied that award of a further amount of Rs.10,000/- under that head shall, in the circumstances of the case, be fair, reasonable and just. 4. In the result, a) This M.A.C.A is allowed in part. b) There shall be a direction that the appellant shall be paid a further amount of Rs.10,000/- (Rupees ten thousand only) in addition to the amounts already awarded by the Tribunal along with interest as already directed by the tribunal from the date of the petition. 5. 5th respondent, notice is returned unclaimed. We are satisfied that service on him is sufficient. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) jsr M.A.C.A.No.478/04 4 M.A.C.A.No.478/04 5 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009