IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 MFA.No. 368 of 2001() --------------------- OPMV.122/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT: 3RD RESPONDENT: ----------- THE NEW INDIA ASSURANCE CO. LTD., REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, KANDAMKULATHY TOWERS, MG.ROAD, ERNAKULAM. BY ADV. SRI.VPK.PANICKER RESPONDENTS: PETITIONERS 1 & 2 AND RESPONDENTS 1 & 2:- ------------- 1. SHAJI @ SHAJAN VARGHESE (MINOR), REPRESENTED BY BABU VARGHESE, FATHER AND GUARDIAN THUNDIYATHU HOUSE, THANNITHODU P.O., THANNITHODU VILLAGE. 2. BABU GARGHESE ,THUNDIYATHU HOUSE, THANNITHODU P.O., THANNITHODUVILLAGE. 3. SIJI, S/O.CHELLAPPAN PILLAI, KUZHIPARAMBIL, KOOTHADIMON, THANNITHODU MURI, THANNITHODU VILLAGE. 4. H.NAZEER, PUTHENPARAMBIL VEEDU, MANGARAM, KONNI. BY ADV. SRI.VARGHESE P.THOMAS FOR R1 & R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.M.P. No.3534/2001 in M.F.A. No.368/2001 Dismissed. Sd/-J.B. Koshy, Judge. 25-1-2008 Sd/-K. Hema, Judge. mn. J.B. KOSHY & K. HEMA, JJ. -------------------------------------------- M.F.A.No. 368 of 2001 -------------------------------------------- Dated this the 25th day of January, 2008. JUDGMENT Koshy, J: The Insurance Company filed this appeal questioning the quantum of compensation awarded by the Tribunal. A 15 year old boy, who was studying for 9th Standard, sustained serious injuries in an accident due to the fault of the driver of the vehicle insured by the appellant Insurance company. The incident occurred on 8.11.1997. 2. Exhibit A3 is the wound certificate which shows that he suffered following injuries: “(1) Crush injury of the Rt. Index finger involving the distal and proximal phalanx. (2) Crush injury of the Rt. Middle finger with fracture of the middle phalanx. 3) Crush injury of the Rt. Ring finger involving middle and distal phalanx.(4) Abrasion 5 cm x 2 cm over Rt. thump. (5) Extensive abrasion of 20 cm x 10 cm over the lateral side of the Rt. Leg. X-ray showed fracture middle phalanx of Rt. middle finger.” Ext.A4 shows amputation of the middle finger. Ext.A6 are the photogrpahs and negatives of the injured finger. It shows half of the amputation of the Rt. Index finger and irregular shape of [MFA.368/01] 2 the little finger and ring finger. So, his 4 fingers are affected. The Tribunal after seeing the child found that his right hand is almost useless and he cannot use the right hand for computer work, typing work or other words. It has also come out in evidence that he was not able to complete S.S.L.C. In time because of the injuries. Even though amputation was done there was no certificate showing the percentage of disability. So, we will go by the Workmen's Compensation Act and loss of earning capacity as per Schedule I will be more than 40%. Notional income for a non-earning person as per 2nd Schedule is Rs. 15000/- per annum and multilier for a 15 year old accident victim is 15. If we award compensation taking only 40% disability, the loss of earning power fixed in 1994 as per 2nd schedule, the compensation payable will be Rs.90,000/- (Rs.15,000 x15x40/100). Here, the accident occurred at the time when he was studying for 9th Standard. The Tribunal granted Rs.1,00,000/- for disability, loss of earning power including pain and suffering. Therefore, we are not interfering with the compensation awarded for disability and loss of earing power. The Tribunal has awarded Rs.50,000/- for pain and suffering. We are of the opinion that it is on the higher side. It is [MFA.368/01] 3 true that an young boy has suffered serious pain which resulted in amputation of two fingers and disablement of other 2 fingers. However, considering the circumstances, we grant Rs.25,000/- for pain and suffering. He was granted Rs.25,000/- for loss of amenities. No interference is required as he suffered this injury at the young age and he has to suffer these difficulties till the end of his life. Therefore, the compensation payable will be Rs.1,74,000/-, instead of Rs.1,99,000/-. The Tribunal has awarded 12% interest from the date of application till its deposit. The award was passed in 2000. Considering the date of award and the interest rate applicable at the relevant period, we reduce the interest rate from 12% to 9 %. Thus, a total compensation of Rs.1,74,000/- with 9% interest shall be deposited by the 3rd respondent Insurance company, after deducting the amount already paid. Since the accident occurred in 1997 and the claimant has become major, claimant is allowed to withdraw the amount on deposit. Appeal is partly allowed. Sd/- J.B.KOSHY, JUDGE. Sd/- K. HEMA, JUDGE. Krs. [MFA.368/01] 4 J.B. KOSHY & K. HEMA, JJ. -------------------------------------------- M.F.A.No. 368 of 2001 -------------------------------------------- Dated this the 25th day of January, 2008. JUDGMENT