IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 MACA.No. 13 of 2007(A) --------------------------------- OPMV.1588/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) : ------------------------------------------------------ SAJO P.J., S/O. JOB, PULIKKAN HOUSE, THORAVU VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS 1 TO 3 IN OP(MV) : ----------------------------------------------------------------------- 1. K.L. ANTO, S/O.K.L.LONAPPAN, KAKKASSERY HOUSE, VAKAMATTOM P.O. 2. VINEESH, S/O.VIJAYAN, KUMBALATHPARAMBIL HOUSE, ALAGAPPANAGAR P.O. 3. MANAGER, NATIONAL INSURANCE CO. LTD., THRISSUR. BY ADV. SRI.E.M.JOSEPH - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 13 OF 2007 --------------------- Dated this the 17th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 1588/00. The claimant aged 15 years sustained injuries in a road accident. He had a fracture of the shaft of the right femur and the Tribunal awarded him a compensation of Rs.31,456/-. It is against that decision, the claimant has come up in appeal. 2. Heard the counsel for both sides. Learned counsel for the appellant had made available before me the documents relating to treatment. A perusal of the treatment records would reveal that he was initially treated as inpatient in the hospital for 18 days from 29.7.00 to 17.8.00 with fracture of the shaft of the right femur. Internal fixation was done on 7.8.00 and he was discharged on 17.8.00. Thereafter he had visited the hospital on four or five occasions and later got readmitted in the hospital for removal of K nail, which was inducted on 7.8.00. He was treated as inpatient during that point of time i.e. from 15.6.02 to 20.6.02. The disability MACA No.13/07 2 certificate is very descriptive and it deals with the problems of the thigh. He was having quadriceps of muscles, limitation of movements and excess callus formation. He was having difficulty to squat or climb, to have a prolonged standing, to do manual labour or to drive any sort of vehicle. Even though the claimant produced a disability certificate of 12%, the Tribunal took it as 7%. 3. Considering the nature of disability that had been sustained by a boy at the age of 15 and the practical difficulties that he may have to undergo when he is put to manual labour is to be taken into consideration. I fix the disability percentage at 10%. When it is calculated with an income of Rs.15,000/- per annum and a multiplier of 15, the amount will come to Rs.22,500/- of which Rs.15,750/- is already granted. Therefore the difference comes to Rs.6,750/-. As stated by me earlier, he was treated as inpatient in the hospital for 18 days to start with and later on 5 occasions. There has been callus formation and he had visited the hospital on many occasions. K nail was inducted and removed. Atleast an amount of Rs.10,000/- has to be awarded for pain and suffering of which Rs.7,500/- is already granted. So the claimant is entitled to an additional compensation of Rs.2,500/-. On all other heads, the MACA No.13/07 3 Tribunal has already awarded a reasonable compensation. Therefore the claimant is entitled to an additional compensation of Rs.9,250/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.9,250/- with 6 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.13/07 4