IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 MACA.No. 1087 of 2008(A) --------------------------- OPMV.3280/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): /PETITIONER IN MV OP ------------------------------------------- NIMIN UNNI, AGED S/O.NIRMAL KUMAR, DOOR NO.C1-7, P & T QUARTERS, POOTHOLE DESOM, ARANATTUKARA VILLAGE, THRISSUR. BY ADV. SRI.DINESH MATHEW J.MURICKEN SRI.P.T.GOVINDAN RESPONDENT(S): RESPONDENTS IN MV OP ----------------------------------------------- 1. T.K.VARGHESE, AGED 51 YEARS, S/O.T.O.KURIAN, THACHUTHARA HOUSE, KANATTUKARA DESOM, AYYANTHOLE VILLAGE, THRISSUR. 2. THE NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, AMBIKA ARCADE, M.G.ROAD, THRISSUR. ADV. SRI.LAL GEORGE FOR R2 SRI.V.K.SUBRAMANIAN FOR R1 SRI.N.K.DIVAKARAN FOR R1 SRIM.K.SASEENDRAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1087 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)3280/02. The claimant, a 15 year old boy who was studying in 11th std. at the time of the accident sustained injuries in a road accident which resulted in fracture of the tibia and fibula along with other injuries. The Tribunal after a consideration of the materials awarded him a compensation of Rs.37,000/- and it is against that decision the claimant has come up in appeal for enhancement of the compensation. 2. Heard the learned counsel for the appellant as well as insurance company. The learned counsel for the appellant would strongly contend before me that the Tribunal has not taken into consideration the disability sustained by the claimant and has not awarded proper compensation. He also contended before me that the boy has lost one year of education for which also no compensation has been awarded. M.A.C.A. 1087 OF 2008 -:2:- 3. Learned counsel made available before me a copy of the disability certificate and also two certificates issued by Kendriyavidyalaya Puranattukara, Thrissur which are marked as Exts.A8 to A10. Ext.A8 disability certificate would reveal that the boy had a plaster cast in his leg for four months continuously and thereafter he was non weight bearing for some time and there was active physiotherapy for six weeks. The Doctor who had issued the disability certificate is an Assistant Professor of Orthopedic, Medical College Hospital, Thrissur which would show that the boy had a malunited tibia and fibula. He had stiffness of the left ankle and there is external rotation attitude. He assessed the temporary disability at 45% for the first four months, 20% disability for the next two months and permanent disability at 9% as per the Mac Bride's scale. Ext.A9 and A10 would reveal that the parents of the boy was summoned by the educational authorities and Ext.A10 would show that the boy was on medical leave with effect from 16.8.2002 to 1.1.2003 and the boy was readmitted to class 11-B in April, 2003. It has M.A.C.A. 1087 OF 2008 -:3:- to be stated that the boy was studying in 11th std. at the time of the accident which took place on 16.8.2002. It was in the very same class he was readmitted in April, 2003 which would substantiate that the boy had lost one academic year on account of the injury sustained in the accident that too of a very crucial point of time namely 11th std. of his education. 4. So far as the disability certificate is concerned I feel justice can be met by taking a percentage of 6% disability, a notional income of Rs.15,000/- per annum and a multiplier of 15 for the purpose of calculation. When it is calculated annual loss of income would come to Rs.900/- and the total would come to Rs.13,500/- along with that compensation for loss of amenities and enjoyment in life of as Rs.6,000/- can be awarded thus making it a total compensation of Rs.19,500/-. Out of this amount the Tribunal has awarded Rs.8,000/- for discomfiture and Rs.8,000/- for loss of amenities. So when it is deducted the additional compensation would come to Rs.3,500/-. The boy M.A.C.A. 1087 OF 2008 -:4:- has lost a crucial year in his educational carrier and it will have long standing repercussions in his life and therefore at least a moderate amount of Rs.10,000/- can be granted towards loss of education for one year and thereby the claimant will be entitled to an additional compensation of Rs.13,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.13,500/- with 7% interest on the said sum from the date of petition till realisation and the 2nd respondent is directed to pay the amount within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-