IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 MACA.No. 252 of 2007(Y) ----------------------------------- OP(MV).NO.136/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD. .................... APPELLANT/PETITIONER: ------------------------------------- SAJIDAS, S/O.NALLAN, RESIDING AT PAPPANCHALLA, GOVINDAPURAM POST, MUTHALAMADA VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.V.CHITAMBARESH (SR.), ADV. SRI.T.C.SURESH MENON, ADV. SRI.JIBU P THOMAS, ADV. SRI.SUNIL J.CHAKKALACKAL. RESPONDENTS: ----------------------- 1. SIVANANDHAN, S/O.KRISHNAN, RESIDING AT NADUVILLAMURI, KANAKANTHURUTHY, VADAKANCHERRY POST, PALAKKAD. 2. REJI K. PAUL, S/O.K.K. POULOSE, RESIDING AT KALATHUKUDIYIL HOUSE, VILANGANOOR, KANAKKANTHURUTHY POST, PALAKKAD. 3. THE STATE INSURANCE DEPARTMENT, THE DISTRICT INSURANCE OFFICE, PALAKKAD. R3 BY SR. GOVERNMENT PLEADER SRI. V.T.K. MOHANAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 252 OF 2007 = = = = = = = = = = = = = = = Dated this the 24th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)136/99. The claimant, a 13 year old boy sustained injuries in a road accident. He had sustained a fracture on the tibia which was mal-united. The Tribunal had awarded a total compensation of Rs.18,500/-. It is against that decision the claimant has come in appeal. 2. Heard the counsel for the appellant as well as the Insurance department. It is true that the doctor has not been examined though his disability is certified at 7.5%. But the fact remains that according to the medical records there is a mal-union of the fracture and there is wasting of muscles and thickening of the right tibia. Similarly, no amount is seen granted towards loss of amenities and enjoyment in life. At least a notional income of Rs.15,000/- per annum should have been taken by the Tribunal. When these things are M.A.C.A. 252 OF 2007 -:2:- applied, disability compensation at the rate of 5% would come to Rs.11,250/- out of which Rs.8,640/- is granted which means the claimant is entitled to an additional compensation of Rs.2,610/- under that head. Similarly, this boy at the age of 13 had suffered a mal-union of fracture with wasting of muscles and thickening of the tibia. Certainly this will affect his day-today activities very badly and I feel this is a fit case where at least Rs.4,000/- has to be awarded towards loss of amenities and enjoyment in life. Therefore the claimant will be entitled to an additional compensation of Rs.6,610/- which I round as Rs.6,600/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,600/- with 6% interest on the said sum from the date of petition till realisation and the 3rd respondent is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-