IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 MACA.No. 2207 of 2009() ------------------------------------ OPMV.3486/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ JAMSHITH, S/O.HUSSAIN KOYA, AGED 24 YEARS, KURIKKAVIL MEETHAL HOUSE, MATHARA P.O., G.A.COLLEGE, KOZHIKODE DISTRICT. BY ADVS.MR.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENT(S): -------------------------- 1. M.T.SAKEER, SAJ MAHAL, PUTHUKUDIPARAMBA P.O., KINASSERY, KOZHIKODE. 2. MANZOOR, S/O.MAMMI, VAZHIPURATH HOUSE, MATHARA P.O., G.A.COLLEGE, KOZHIKODE. 3. UNITED INDIA INSURANCE COMPANY LTD., WHITE LINES BUILDING, KALLAI ROAD, KOZHIKODE DISTRICT. R3 BY ADV. MR.K.SANDESH RAJA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2207 OF 2009 ............................................. Dated this the 15th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.3486/2001. The claimant a minor boy, aged 15 years, sustained injuries in a road accident on 17.7.2001 and the Tribunal has awarded him a consolidated sum of Rs.4,000/=. The Tribunal did not accept the reference card produced in the case and also discarded the disability certificate which was marked as court exhibit. I feel injustice has been done to the claimant in this case and therefore the matter requires reconsideration. 2. A perusal of the reference card which is made available before me would reveal that the boy was admitted on 17.7.2001 and discharged on 30.7.2001 and he had undergone an operation on that day itself. The diagnosis revealed that he had laceration of liver, contusion of right lung with fracture of ribs and a undisplaced fracture of middle third right radius. The medical noting would reveal that the boy had pneuothorax and surgical emphysema and : 2 : M.A.C.A.No.2207 OF 2009 only on operation it was found that the liver is lacerated and there had been fracture of the ribs. Besides these, the boy was also having fracture of the radius. So, it was a not a very simple injury as attempted to be projected by the Tribunal. The Tribunal has referred the patient to a medical board and the medical board has fixed the disability at 3% and it has been marked as court exhibit -Ext.C1. Under ordinary circumstances, the courts do not discard such certificate which is an invited one from the court. Therefore I proceed to decide the compensation Following the dictum in Sarla Verma v. Delhi Transport Corporation (2009 ACJ 1298) the multiplier to be taken is 18. The annual income has to be taken as Rs.15,000/= and as the percentage of disability at 3%, the disability compensation would come to Rs.8,100/-. Towards pain and sufferings, I award a sum of Rs.7,000/=. Towards consolidated medical expenses including extra nourishment and transport expenses, I award a sum of Rs.2,500/=and towards loss of amenities I award Rs.4,000/= thereby making a total compensation of Rs.21,600/= out of which Rs.4,000/= is awarded by the Tribunal. Therefore the : 3 : M.A.C.A.No.2207 OF 2009 claimant will be entitled to an additional compensation of Rs.17,600/=. 3. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.17,600/= with 7.5% interest on the said sum from the date of the petition till realisation and the insurance company is directed to deposit the same within a period of 60 days from the date of receipt of a copy of this judgment Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.2207 OF 2009