IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 MACA.No. 1702 of 2006() ----------------------- OPMV.132/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER: -------------------------------------- ASHIKAR P.P., S/O. MUHAMMED M., AGED 16 YEARS, (MINOR), REP.BY FATHER MUHAMMED M., S/O. PAKKAR, 40 YEARS, POOVULLAPARAMBIL HOUSE, MERUVAMBAYI, P.O. NEERVELI. BY ADV. SRI.ESM.KABEER SRI.POOVAMULLE PARAMBIL ABDULKAREEM RESPONDENTS/RESPONDENTS: ------------- 1. P.J. SUNNY, PALAMATTATHIL HOUSE, P.O. ARALAM. 2. M. RAJUMON, S/O. BALAKRISHNAN NAIR, SIVAPURAM AMSOM, MALOOR DESOM, P.O. MALOOR. 3. THE ORIENTAL INSURANCE CO.LTD., KANNUR. BY ADV. SRI.SIBI THOMAS FOR R1 SRI.A.R.GEORGE FOR R3 SRI.JOSY ANTONY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------- M.A.C.A.NO.1702 OF 2006 (F) ----------------------------------- Dated this the 20th day of August, 2008 J U D G M E N T KOSHY,J. Appellant/claimant, at the age of 10, sustained very serious injuries in a motor vehicle accident on 23.6.2000. He, represented by his father, filed an application for compensation of Rs.3,50,000/-. Tribunal found that the accident was caused due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company. Only dispute is regarding the quantum of compensation. 2. As regards the injuries, Tribunal found as follows: “Ext.A2 is the true copy of the Accident Register-Cum-Wound certificate issued from the Dhanalakshmi Hospital, Kannur. The details of the injuries noted in it are:- 1. Contusion lateral aspect of left thigh 6 x 5 cms. MACA.1702/2006 2 2. Fracture shaft of left femur at middle 3rd. 3. Lacerated wound 4 x 4 x 1cm. at occipital region of head left side. 4. Lacerated wound 1 x ½ x ½ cms. on forehead left side. 5. Contusion forehead right side 4 x 4 x 1cms. 6. Abrasion face above upper lip left side 2 x 2 cms. 7. Abrasion on bridge of nose 1 x 1 cm. 8. Abrasion right knee 2 x 2 cms. anterior aspect. 9. Linear abrasion at right lower axillary region 5 cm long. Ext.A3 series are the Discharge Card issued from the said hospital. The 1st Discharge Card is relating to the admission of the petitioner in the hospital from 23.6.2000 to 6.7.2000. The second discharge card is relating to the admission of the petitioner in the hospital from 21.12.2000 to 26.12.2000. He was admitted at the second time due to delayed union of the fracture shaft middle 3rd of left femur. So he was admitted for implant insertion. He was admitted for complaints of pain on left thigh. Open reduction and internal fixation was done to him at the first admission. The plate was fixed on his left thigh. 3rd discharge card is relating to his admission in the same hospital from 15.5.2002 to 16.5.2002 for removal of implant. The implant was removed as per the MACA.1702/2006 3 above discharge card. There were five reviews on 6.1.2001, 1.2.2001, 2.3.2001, 23.4.2001 and 15.5.2001. Ext.A4 series are the inpatient bills and medical bills covering an amount of Rs.32,993/-. Ext.A5 is an Ambulance Receipt for Rs.250/-. Ext.X1 is the Disability Certificate issued to the petitioner by the Medical Board, Government Hospital, Thalassery after examining him on 23.6.2005. The disabilities of the petitioner noted in it are partial ankylosis of the left hip with limitation of rotation and limb length discrepancy, causing limping gait. They have assessed 3% permanent whole body disability to him as per Mc-Bride Scale.” Tribunal accepted the above certificate. Taking notional income of Rs.15,000/- per year and 15 as the multiplier taking guidelines from the 2nd schedule, an amount of Rs.6,750/- was granted as compensation for 3% permanent disability. We see no ground to enhance the same. But due to the injuries, he lost his studies for one year. No compensation was awarded for loss of studies. His treatment continued from 23.6.2000 to 15.5.2001. No compensation was awarded for loss of amenities. He has to suffer the after effects of the permanent disability through out his life. Hence, we award Rs.10,000/- MACA.1702/2006 4 as compensation for loss of amenities, loss of studies for one year and other consequences of disability. The above sum of Rs.10,000/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit over and above the compensation awarded by the tribunal. On deposit of the above, appellant is allowed to withdraw the same. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 5th September, 2008