ANAS Vs. ABDUL AZEEZ

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(M.V.) No.345 of 2012 of the Motor Accidents Claims Tribunal, Vatakara by the guardian of the injured minor. One Anus sustained injuries in a motor accident on 01.1.2012 at 4.30 p.m. and the Motor Accident Claims Tribunal awarded Rs.28,660/- as compensation. Being aggrieved by that, the petitioner preferred this appeal.

(2.) Appellant's case in the lower court was that on the date of the accident, the minor was standing on the side of Kuttiady-Perambra public road, at that time the vehicle bearing No.KL-56-B-485 driven in a rash and negligent manner knocked down the minor petitioner. As a result, the minor sustained serious injuries. The owner- cum-driver of the vehicle was set ex parte in the lower court. The insurer admitted the insurance of the vehicle and attributed contributory negligence against the minor. The injured did not adduce any evidence. But his documents were marked as A1 to A11.

(3.) The learned counsel appearing for the appellant contended that conservative treatment was given to the minor immediately after the accident. He was admitted in the hospital for ten days. I have examined Ext.A5 discharge summary issued from the Medical College Hospital, Kohikode. It shows that he was admitted in the hospital on 1.1.2012 and discharged on 10.1.2012. The diagnosis shows depressed fracture on left parietal bone, tissue lost on left parietal region, extra dura haematoma evacuated, depressed bone fragments removed, transcation flap applied. He was treated in the Neuro Surgery Department and in the Plastic Surgery Department. C.T. scan report also shows extra dura haematoma 3 mm left parietal region and fracture on left parietal bone. Ext.A8 is the CT scan report. Ext.A9 is the referal O.P. Ticket. He also produced the medical bills.