IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 MACA.No. 207 of 2004(P) ----------------------- OPMV.1953/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT IN MFA/CLAIMANT IN O.P.(MV) 1953/93 ----------------------------------------------------------- SANNYAL S/O.VALIYAL TITUS, AGED 19 RESIDING AT THIRUVANIYUR KARAYIL, CHEMMANAD VILLAGE, PUTHENCRUZ.P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.PAUL K.VARGHESE RESPONDENT(S): IN MFA/RESPONDENTS IN OP (MV) 1953/93 ---------------------------------------------------- * 1. T.K.UNNIKRISHNA MENON S/O. LATE LAKSHMIKUTTY AMMA, ARADHANA HOSPITAL ROAD, TRIPUNITHURA, ERNAKULAM DISTRICT. 2. M.V.JOY, MULLAKKARA HOUSE, TRIPUNITHURA, ERNAKULAM. 3. MANAGER, THE NATIONAL INSURANCE COMPANY LTD., TRIPUNITHURA, ERNAKULAM. ADDL. RESPONDENTS 4 TO 9 ARE IMPLEADED: ADDL.4A.P. AMMINI AMMA, W/O. UNNIKRISHNA MENON, AGED 69 YEARS, ARADHANA, HOSPITAL ROAD, KANNANKULANGARA, TRIPUNITHURA. ADDL.5 T.V. VENUGOPAL, AGED 47 YEARS, C/O. AMMINI AMMA, DO DO. ADDL.6. UMA D. MENON, AGED 43 YEARS, C/O. AMMINI AMMA, DO DO ADDL.7 REMA HARIHARA PANICKER, AGED 40 YEARS, C/O. AMMINI AMMA DO. DO ADDL.8 T.U. SREEKUMAR, A GED 45, S/O. T.K. UNNIKRISHNA MENON, ARADHANA, NEAR VELAKKINARE TEMPLE, THENKKUM BAGAM, TRIPUNITHURA ADDL.R9 T.U. SASIDARAN, AGED 49 YEARS, ARADHANA JEWELLERY, EAST FORT GATE, TRIPUNITHURA. *IMPLEADED AS ADDL. RESPONDENTS 4 TO 9 AS PER ORDER DTD 1.6.07 IN I.A.1378/05 AS LRS OF THE DECEASED R1. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.207 OF 2004 ............................................. Dated this the 24th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.1953/1993. A boy, aged 4 years, along with his father while travelling in a car, sustained injuries and the Tribunal has awarded him a compensation of Rs.30,000/= and it is against that decision, the claimant has come up in appeal. 2. The learned counsel for the appellant had made available before me some documents subsequent to the passing of the award for my consideration. The fact is very clear that the boy had sustained lot of injuries on his face and glass pieces had pierced into his cheek and it had affected his face which required plastic surgery for correction. Similarly it is seen from the subsequent documents that the injury sustained by the boy in his hand has also resulted in loss of power to grip and the Medical Board has certified his disability at 6%. I am conscious of the fact that this document was not before the Tribunal at : 2 : M.A.C.A.No.207 OF 2004 the time of fixing the compensation. Similarly it is also seen that there was some problem with the skull of the boy which required correction. But none of these materials were made available and it is not known whether the boy had undergone any surgery to correct his skull. 3. So with the limited materials available, I am attempting to recalculate the compensation for enhancement. Suppose disability is taken at 5% and annual income at Rs.15,000/= and a multiplier of 15 is used, the disability compensation would come to Rs.11,250/=. The boy had undergone prolonged treatment and almost all parts of the body were in difficulty and certainly he would have been supplied with extra nutritious food, for which I award Rs.1,500/=. The document produced before me also did reveal that the boy had follow up the treatment, for which I award Rs.5,000/=. He is a native of Puthancruz and he had visited so many hospitals and, therefore, I award another sum of Rs.2,250/= towards incidental expenses, making an additional compensation of Rs.20,000/=. 4. Therefore, MACA is partly allowed and the claimant : 3 : M.A.C.A.No.207 OF 2004 is awarded an additional compensation of Rs.20,000/= with 7.5% interest from the date of the petition till the date of the award ie, 25.3.1994 and thereafter from 5.2.2004 till realisation. The respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Being an accident of the year 1989 and as he had incurred lot of expenses, let the amount be disbursed to the claimant on its deposit. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.207 OF 2004