MACA NO. 1411 OF 2017 1 2025:KER:24955 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946 MACA NO. 1411 OF 2017 AGAINST THE AWARD DATED 20.12.2016 IN OPMV NO.1520 OF 2012 OF ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL-IV, PATHANAMTHITTA APPELLANT/2ND RESPONDENT :- THE NEW INDIA ASSURANCE CO.LTD PATHANAMTHITTA, REPRESENTED BY ITS DEPUTY MANAGER,REGIONAL OFFICE, M.G ROAD, ERNAKULAM. BY ADVS. SRI.GEORGE CHERIAN (SR.) SMT.K.S.SANTHI RESPONDENT/1ST CLAIMANT :- ASWATHY ASHOK (MIONOR) D/O. SURESH @ ASHOKAN, REPRESENTED BY HER FATHER,SURESH @ ASHOKAN, S/O. GOPALAN, MODIYIL HOUSE,MANJANIKKARA, OMALLOOR – 689 645. BY ADV SRI.A.N.SANTHOSH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA NO. 1411 OF 2017 2 2025:KER:24955 JUDGMENT The 2nd respondent in O.P.(M.V.) No.1520 of 2012 on the file of the Additional Motor Accident Claims Tribunal-IV, Pathanamthitta is the appellant herein. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal). 2. The above O.P. was filed by the father of a minor child along with the child, under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries sustained by the minor in a motor vehicle accident that occurred on 27.11.2012. According to the petitioners, while the child along with her mother was walking along the road, a Scorpio car bearing Registration No.KL-03/P-4661 owned and driven by the 1st respondent in a rash and negligent manner knocked her down. As a result of the accident, she sustained serious injuries. 3. The 2nd respondent is the insurer of the offending vehicle. According to the petitioner, the accident occurred due to the negligence of the driver of the offending vehicle. The quantum of compensation claimed in the O.P. is Rs.15,00,000/- MACA NO. 1411 OF 2017 3 2025:KER:24955 4. The insurance company filed a written statement, admitting the accident as well as policy, but disputing the negligence on the part of the driver of the offending vehicle. 5. The evidence in the case consists of the oral testimonies of PWs 1 and 2 and documentary evidence Exts.A1 to 29. 6. After evaluating the evidence on record, the Tribunal found negligence on the part of the driver of the offending vehicle, awarded a total compensation of Rs.5,65,731-/- and directed the insurer to pay the same. 7. Challenging the quantum of compensation awarded by the Tribunal, the 2nd respondent preferred this appeal. 8. Now the point that arises for consideration is the following: Whether the quantum of compensation awarded by the Tribunal is just and reasonable? 9. Heard Sri.A.R.George,, the learned standing counsel appearing for the appellant, and Sri.A.N.Santhosh, the learned Counsel for the respondent. 10. As per the decision of Hon’ble Supreme Court in Master Mallikarjun vs Divisional Manager National Insurance Co.Ltd.& Another [2013 ACJ 2445], the compensation payable to children between the age MACA NO. 1411 OF 2017 4 2025:KER:24955 group 5-15 suffering from disability ranging between 10 to 30% is Rs.3,00,000/-. In this case, the petitioner has suffered 12% disability. In addition to the same, the petitioner can claim only actual expenses. In the above circumstance, in this case, the compensation payable on non pecuniary heads is limited to Rs.3,00,000/-. Therefore, separate compensation awarded for pain and suffering, loss of amenities and future treatment will be deducted as Rs.3,00,000/- awarded will cover all those heads. 11. The Tribunal has awarded Rs.2,000/- on the head transport to hospital, Rs.10,000/- towards extra nourishment, Rs.2,000/- towards damage to clothing, Rs.15,000/- towards bystander expense and Rs.1,33,451/- towards medical expense in addition to Rs.25,000/- towards parents agony. The child was inpatient for a total period of 25 days. In the above circumstance, the compensation awarded by the Tribunal on the heads transport to hospital, extra nourishment, damage to clothing, bystander expenses are not on the higher side. Hence, they are sustained. Similarly, the compensation awarded towards parents agony Rs.25,000/- is also reasonable. 12. Therefore, the petitioner/respondent is entitled to get a total compensation of Rs.4,87,451/-, as modified and recalculated above and given in the table below, for easy reference: MACA NO. 1411 OF 2017 5 2025:KER:24955 Sl. No. Head of Claim Amount awarded by Tribunal (in Rs.) Amount Awarded in Appeal (in Rs.) 1 Pain and sufferings 50,000 Nil 2 Transport to hospital 2000 2000 3 Extra nourishment 10000 10000 4 Loss of amenities 70,000 NIl 5 Damage to clothing 2000 2000 6 Bystander expenses 15000 15000 7 Loss of earning power 2,33,280 3,00,000 8 Medical expenses 1,33,451 1,33,451 9 Parents agony 25,000 25000 10 Future treatment 25,000 Nil Total 5,65,731 4,87,451 Reduced to Rs. 78,280 13. In the result, this Appeal is disposed of directing the 2nd respondent to deposit a total sum of Rs.4,87,451/- (Rupees Four Lakh Eighty Seven Thousand Four Hundred and Fifty One only), less the amount already deposited, if any, along with interest at the rate ordered by the Tribunal, from the date of the petition till deposit/realisation, with proportionate costs, within MACA NO. 1411 OF 2017 6 2025:KER:24955 a period of two months from today. (Enhanced compensation will carry interest @8%) . On depositing the aforesaid amount, the Tribunal shall disburse the entire amount to the petitioner, excluding court fee payable, if any, without delay, as per rules. Sd/- C. PRATHEEP KUMAR, JUDGE SMA