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Amal Asokan

High Court Of Kerala|22 November, 2014
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JUDGMENT / ORDER

This appeal arises from the award passed by the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(M.V.) 715/2007. In a bus accident the appellant, who was a minor at that time, sustained injuries. Respondents 1 to 3 were the driver, the owner and the insurer respectively. The Tribunal accepted the appellant's case that the accident was due to the negligence of the first respondent and he is entitled to compensation for the injuries sustained by him. It fixed the compensation at Rs.37,000/-. The third respondent was directed to pay the amount. The appellant submits that the amount awarded is not reasonable. Hence the appeal. 2. Heard.
3. The appellant was aged 8 years at the time of the accident. He sustained the following injuries: crack fracture of pelvis, lacerated wound on the right side of the forehead, multiple abrasion on the left side of the face, right side of the chest and in the right abdomen. He was treated as inpatient for 13 days. He was operated upon.
4. Under the heads transport to hospital, damage to clothes, bystander's expenses and extra nourishment the Tribunal awarded Rs.3,500/-. It is only proper that it is enhanced to Rs.5,000. He was given the amounts covered by the medical bills produced by him. For pain and suffering he was given only Rs.10,000/-. This is fixed at Rs.16,500/-. Towards loss of amenities the amount awarded is Rs.8,000/-. It is fixed at Rs.10,000/-. The total amount the appellant is entitled to Rs.10,000/- (Rupees ten thousand only) in addition to the amount awarded by the Tribunal.
In the result, this appeal is allowed in part. The appellant is allowed to recover from the third respondent Rs.10,000/- (Rupees ten thousand only) with interest at the rate mentioned in the award of the Tribunal in addition to the amount awarded by it.
Sd/-
K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/
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Title

Amal Asokan

Court

High Court Of Kerala

JudgmentDate
22 November, 2014
Judges
  • K Abraham Mathew
Advocates
  • Sri Mathew John
  • Sri Domson J Vattakuzhy