IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 MACA.No. 1893 of 2007() ----------------------- OPMV.5/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, N.PARAVUR .................... APPELLANT/PETITIONER: -------------------------------------- KIRAN RAJ (MINOR), S/O. KRISHNARAJ, REPRESENTED BY HIS FATHER, KRISHNARAJ, S/O. BALAKRISHNAN, KIZHAKKEPURAKKAL HOUSE, NEAR PARAVUR BRIDGE, PARAVUR. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. VIJAYAKUMAR, S/O. DIVAKARAN NAIR, THEKKUMTHALA HOUSE, VAZHIKULANGARA, KIZHAKKEPRAM KARA, KOTTUVALLY VILLAGE. 2. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, MUNICIPALITY BUILDING, MAIN ROAD, NORTH PARAVUR. ADV. SMT.P.A.REZIYA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KSS M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1893 OF 2007 --------------------------------- Dated this the 7th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Paravur in O.P.(MV) No.5/2002. The claimant, a 7 year old minor boy, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs. 26,900/-. It is against that decision the claimant has come up in appeal. For a personal satisfaction I directed the boy to be present before the Court and also put some questions to him and he had expressed his difficulty to run and play and there is some ankylosis as well on the leg. Disability certificate given by the Medical Board was produced but the Tribunal did not consider it seriously. The Medical Board assessed the Orthopedics disability at 7%. The Medical Board also found that there is a 10-15 % posterior ankylosis, tenderness at the fracture site and there is restriction of the movement of the ankle. Since it is only an Orthopedic disability the whole body disability can be taken as 7% and compensation may be calculated. When such a compensation is calculated, being a minor boy only a national income of Rs. M.A.C.A.No. 1893 OF 2007 -2- 15,000/- per annum and disability at 7%, the annual loss will come to Rs. 1,050/- which when multiplied with an appropriate multiplier of 15 would be Rs. 15,750/-. The Tribunal has only awarded an amount of Rs. 5,000/- which when deducted the additional amount would come to Rs. 10,750/-. On all other heads appropriate compensation has been awarded. It is also to be stated that a claimant may not be entitled to the interest during the period of delay that is from 30.4.05 to 3.10.07. In the result, the M.A.C.A is disposed of by awarding an additional compensation of Rs. 10,750/- with 7% interest on the said sum from the date of petition till 30.4.05 and from 4.10.07 till realisation. The Insurance Company is directed to deposit the amount within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN, JUDGE vkm