Roshy George vs The Manager
2021 Latest Caselaw 24016 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MR.JUSTICE BASANT BALAJI
SATURDAY, THE 18TH DAY OF DECEMBER 2021/27TH AGRAHAYANA, 1943


                  M.A.C.A. NO.2785 OF 2019
 (AGAINST THE AWARD DATED 19.3.2019 IN OP(MV)No.690/2017 OF
 ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL-II, THODUPUZHA)


 APPELLANT/CLAIMANT:

         ROSHY GEORGE, AGED 10 YEARS (MINOR),
         S/O.GEORGE @ ROY JOSEPH, PLAKOOTTATHIL HOUSE,
         PUTHADI P. O., SANTHANPARA VILLAGE, IDUKKI
         DISTRICT, MINOR REP. BY HIS MOTHER AND NATURAL
         GUARDIAN ANCY CHACKO.

         BY ADVS.
         SRI.MATHEWS K.PHILIP
         SMT.T.MANASY

 RESPONDENT/3RD RESPONDENT:

         THE MANAGER,
         SREERAM GENERAL INSURANCE COMPANY LIMITED,
         AZAD TOWER, 1ST FLOOR, AMMANKOVIL CROSS ROAD,
         ERNAKULAM - 682 035.

         SRI.P.JACOB MATHEW, STANDING COUNSEL


        THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP
   FOR ADMISSION ON 18.12.2021, THE COURT ON THE SAME
   DAY DELIVERED THE FOLLOWING:
 MACA No.2785 of 2019

                                    2




                                 JUDGMENT

(Dated :18th December, 2021)

The appellant was the petitioner in OP (MV) No.690

of 2017 on the file of the Additional Motor Accidents

Claims Tribunal-II, Thodupuzha. The respondents in the

appeal were the respondents before the Tribunal. The

claim petition was filed under Section 166 of the Motor

Vehicles Act, 1988.

2. The short facts, relevant for the determination

of the appeal are; on 04.04.2015 at 2.40 p.m., at

Iringol at Aluva - Moonnar Road, a Chevrolet Tavera car

bearing Registration No:KL-32 B/18 met with accident

with a KSRTC Bus bearing Registration No.KL-15/8028. The

1st and 2nd respondents remained ex-parte. The 3 rd

respondent being the manager of the Insurance Company

filed a written statement contending that the accident

occurred due the negligence of the driver of the KSRTC

bus. The Tribunal found that the accident happened due MACA No.2785 of 2019

to the negligence of the driver of the 1 st

respondent/driver of the Tavera car. The petitioner is

an 8 year old boy. He was admitted at MOSC Medical

College Hospital at Kozhencherry on 2.4.2015 and

discharged on 6.4.2015. He had contusion on right knee

only. On the basis of the documents produced, the

Tribunal awarded a compensation of Rs.17,640/- with

interest at the rate of 9% per annum. Aggrieved by the

said award, this appeal is filed.

3. On going through the award of the Tribunal, it

can be seen that, the Tribunal has granted fair and just

compensation on all heads. The counsel for the

appellant/petitioner submitted that though a claim for

pain and suffering was R.1,00,000/-, only Rs.5,000/- was

given.

4. As per the disability certificate and treatment

certificate, it is seen that there was only a contusion

on right knee and the Tribunal has granted Rs.5,000/- as

compensation for pain and suffering. Being a child of 8 MACA No.2785 of 2019

years and admitted in hospital for 2 days with pain, I

am inclined to grant Rs.15,000/- towards pain and

suffering. He has already granted Rs.5,000/- by the

Tribunal. So the balance amount will come to

Rs.10,000/-.

In the result, the appeal is allowed and the

appellant/petitioner is entitled for enhanced

compensation of Rs.10,000/- with interest at the rate of

9%. I make it clear that, the 3 rd respondent/insurer is

ordered to deposit the enhanced compensation with

interest and costs before the Tribunal within a period

of two months from the date of receipt of a certified

copy of this judgment. The Tribunal shall disburse the

enhanced compensation to the appellant/petitioner in

accordance with law.

Sd/-

BASANT BALAJI, JUDGE

ss