IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 MACA.No. 2107 of 2009() ----------------------- OPMV.580/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) ---------------------------------- KEERTHANA S.WARRIER (MINOR) AGED 17 YEARS, REPRESENTED BY GUARDIAN HER FATHER SASIKUMAR, KARIPPAMKULANGARA WARRIAM (DEVI NIVAS), KODAKARA VILLAGE, MANAKULANGARA DESOM AND P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS IN O.P (MV): --------------- 1. SANTHOSH P.CHERIAN, PULIKOTTIL HOUSE, KATTAKAMBAL, PAZHANJI P.O. 2. SUKUMARAN, S/O.EZHIKKOTTU APPUKUTTAN, KOTTON, KATTUKAMBAL VILLAGE. 3. THE NEW INDIA ASSURANCE CO.LTD., ANUGRAHA BUILDINGS, WADAKKANCHERRY ROAD, KUNNAMKULAM. ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. -------------------------------- M.A.C.A.No.2107 OF 2009 --------------------------------------- Dated this the 5th day of February, 2010 J U D G M E N T This is an appeal preferred against the award of the claims tribunal Irinjalakuda in O.P.M.V.580/05. The claimant a 13 year old student sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.46,200/-. It is against that decision, the claimant has come up in appeal. The nature of injuries sustained is a fracture on the neck of the humerus with a fracture of the shaft of the right humerus. She was treated as an inpatient for 13 days. There was some Right Radial Neuropathy. Doctor certified the limb disability at 29% and disability at 14.5%. Tribunal saw her in the court and found that the girl was finding it difficult to hold her elbow or lift her hand about shoulder level and there was a permanent mark above the right elbow. The court disagreed with the finding regarding the twisting of wrist and therefore disagreed with the disability certificate on that aspect. What ever it may be, the young girl aged about 13 years had sustained serious fracture of the humerus and almost finds it impossible to raise her hands in full and she has a long way to go in her life and therefore, I feel that with the materials available instead of taking the disability at 10%, 13% can be calculated. When it is so, when the income is Rs.15,000/- and multiplier is 15, the disability compensation would come to Rs.29,250/- out of which Rs.22,500/- is granted and therefore the claimant will be entitled to an additional compensation of Rs.6,750/-. It has also to be understood that this injured girl is having difficulty to do her day to day activities on account of fracture and it will certainly result in loss of amenities and enjoyment for which, I feel an additional compensation of Rs.2,000/- has to be awarded as to make it at least Rs.5,000/-. Therefore, the claimant is entitled for an additional compensation of Rs.8,750/- with 7% interest from the date of petition till realisation. The insurance company shall deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE. sou.