IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 533 of 2003()
1. MAWAS ALIAS ABOOBACKER MAWAS
... Petitioner
2. MOHAMMED P.A., AGED 40 YEARS,
Vs
1. SUBBANNA RAI, DRIVER,
... Respondent
2. THE MANAGING DIRECTOR, K.S.R.T.C.
For Petitioner :SRI.M.SASINDRAN
For Respondent :SHRI.JOHNSON P.JOHN, SC, KSRTC
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :15/10/2008
O R D E R
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.A.C.A.No.533 OF 2003
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Dated 15th October, 2008
JUDGMENT
Koshy,J.
The first appellant/claimant at the age of seven sustained
injuries in a motor accident due to the negligence of the first respondent
driver of the vehicle owned by the second respondent. He filed an
application claiming Rs.3,00,000/= as compensation. The Tribunal
awarded only Rs.30,000/=. Only quantum of compensation is disputed in
this appeal. Ext.A3 wound certificate shows the following injuries:
“(1) Bleeding from the Rt. Nostril.
(2) Abrasion over the Rt. Cheek – 1″x1”
(3) Emulsion of skin over the scalp (Rt)
(4) Muco membranous abrasion and lacerated
wound near the nose measuring 2 = cm x 1=
cm x muscle deep.
Impression : Rt. Parietal depressed fracture skull
with scalp emulsion with facial and lip
lacerations.”
It is the case of the claimant that he lost his studies and apart from
physical disability, mental disability also occurred. He was under
treatment for a long time. Ext.A6 disability certificate shows that there
MACA.533/2003 2
was 10% disability. The above certificate was issued by
Dr.S.C.Bantwal, M.S., M.Ch. (Neuro). The certificate reads as
follows:
“He continues to have a neurological
deficit by way of speech disorder, impaired
higher mental function and gait ataxia. The
percentage of total permanent disability can be
put at 10%.”
But, the Medical Board certified by Ext.X1 certificate that there is no
psychiatric disability. Therefore, no compensation was awarded for
disability, but, for loss of amenities the Tribunal awarded Rs.6,000/=.
Considering the medical certificates and also considering the serious
injuries sustained by the child at the tender age, we are of the opinion
that another Rs.7,000/= should be awarded for loss of studies and
serious injuries and its consequences. Even though it is argued that
the compensation awarded under other heads are also very meagre,
considering the injuries and total compensation awarded, we are of
the opinion that no enhancement is necessary under other heads. The
above additional amount of Rs.7,000/= should be deposited by the
second respondent with 7.5% interest from the date of application till
its deposit, over and above the amount decreed by the Tribunal, in a
MACA.533/2003 3
nationalised bank enabling the first appellant to withdraw the same
when he became major.
The appeal is partly allowed.
J.B.KOSHY
JUDGE
K.P.BALACHANDRAN
JUDGE
tks