IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 MACA.No. 492 of 2003() ---------------------------------- OPMV.1817/1995 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/ PETITIONER -------------------- ALVIN.C.AUGUSTIN S/O. AUGUSTY, AGED 7, (MINOR THROUGH FATHER AND GUARDIAN, C.A.AUGUSTY, S/O. AUGUSTY, AGED 35 YEARS, CHETTIPARAMBIL HOUSE, KOTTIYOOR AMSOM DESOM, P.O. KOTTIYOOR, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENTS: RESPONDENTS ------------------------ 1. KUNHINARAYANAN S/O. NARAYANAN, KARIYATHIL, MOODANKILLI, WAYANAD. 2. E.N.MOHANAN S/O. NUNCHAN, C/O. KUNHI NARAYANAN, KARIYATHIL, MOODANKOLLI, WAYANAD DISTRICT. 3. THE NEW INDIA ASSURANCE COMPANY LTD., KANNUR. BY ADV. SRI.PMM.NAJEEB KHAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.A.C.A. No.492 of 2003 --------------------------------------- Dated this the 12th day of June, 2008 Judgment Koshy,J. Appellant/Claimant sustained serious injuries in a motor accident at the age of seven. He filed application for compensation through his father. The tribunal found that the accident occurred due to the negligence of the second respondent driver of the vehicle owned by the first respondent and insured by the third respondent. Total compensation awarded was only Rs.1,31,700/-. Quantum of compensation alone is challenged. 2. Medical board certified that there is 40% disability. Tribunal accepted the same. Being a child of six years 15 was taken as multiplier taking guidance from the second schedule and Rs.15,000/- was taken as the notional income and compensation for disability was calculated accordingly. Medical bills were reimbursed. Apart from that, Rs.11,700/- was awarded towards hospital expenses. It has come out in evidence that he was an inpatirent for 78 days in A.K.G. Memorial Hospital, Kannur and in the Medical College, Hospital. As a result of the accident, he had a crush injury M.A.C.A.No.492/2003 2 on the lower end of left tibia exposing tendon, crush injury over left over left medial malleolus, etc. He had to undergo prolonged treatment in two hospitals and the tribunal has awarded Rs.15,000/- for pain and suffering. Ext.A9 photographs show the mal-union deformity and disability and extensive treatment was done. The child at the age of six has suffered extensive pain. For pain and suffering, another Rs.5,000/- more is awarded. We see no ground to enhance compensation granted under other heads. The above Rs.5,000/- over and above the amount decreed by the tribunal should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit. On deposit of the amount, the appellant is allowed to withdraw the same. J.B.Koshy Judge P.N.Ravindran Judge vaa M.A.C.A.No.492/2003 3 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.A.CA. No.492 of 2003 ------------------------------------- Judgment Dated:12th June, 2008