IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 MFA.No. 1110 of 2002() ---------------------- OPMV.499/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): CLAIM PETITIONER: -------------------------------------------------------- P.ABDUL AZEEZE, S/O. B.KUNHALI, POOLADAN HOUSE, VYTHIRI P.O. BY ADV. SRI.JOHN K.GEORGE RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. P.M.MAJEED, S/O. BAVA, PUTHENPARAMBIL, KAPPANKOLLY, MEPPADI. 2. SAIDALAVI @ BAVA, S/O. MOIDU, ERUMAKOLLY, KOTTAPPADI. 3. UNITED INDIA INSURANCE COMPANY LIMITED, KALPETTA. ADV. SMT. CELINE JOSEPH FOR R2 SMT.P.A.REZIYA FOR R3 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MFA No.1110 OF 2002 ===================== Dated this the 27th day of November 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Wynad in O.P.(MV) No.499 of 1995. The claimant, an 18 year old boy sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.27,700/- and directed the insurance company, viz., the 3rd respondent to deposit the amount. It is against that decision, the claimant has come up in appeal. 2. A perusal of the award would reveal that the claimant had sustained a grade-I compound fracture of both bones of right leg, fracture medial malleolus right ankle, fracture distal end radius right side, lacerated wound on the right foot and toe, multiple superficial abrasion over the body, etc.. He was admitted in the hospital and open reduction was done and discharged on 2.5.1995. On 9.5.1995 sutures were removed and plaster cast was applied. Again he was readmitted on 30.5.1995 and discharged on 2.6.1995. He had developed discharge of sinus from the site of the fracture of tibia and he was in the hospital for two days. So a perusal of the MFA 1110/2002 -:2:- award would reveal that this boy had suffered 3 fractures with sinus formation on the fracture site and his leg was under plaster cast for a considerable length of time. He did produce a disability certificate issued by the Doctor who treated him and was marked as Ext.A8. The Doctor found that the fractures had united, but there is recurrent skin infection and further there is limitation of the movement of the right ankle. He has pain in the ankle during walking and he is not able to squat fully. Taking into consideration all these aspects, the Doctor fixed his disability at 6%. Unfortunately the Tribunal did not give any credence to this document which I feel is totally incorrect. A young boy had been undergoing prolonged treatment with 3 fractures and post operative difficulties including discharge of sinus and therefore it is a case where the Tribunal should have taken that matter in the right perspective to give compensation. I have no hesitation to fix his disability at 5% and fix the compensation. When a notional income of Rs.15,000/- is taken as per the schedule and 5% disability is calculated the annual loss would come to Rs.750/- when multiplied with an appropriate multiplier of 16 would give Rs.12,000/-. Similarly, it has to be understood that this boy had undergone 3 surgeries and his leg was under plaster cast, his hand was under plaster cast and his ankle was under plaster cast and had undergone prolonged agony which MFA 1110/2002 -:3:- would have resulted in excruciating pain and therefore I enhance the compensation by Rs.5,000/- for pain and suffering. On all other heads just like the bystander expenses, transport expenses, etc. I am inclined to enhance that compensation by Rs.3,000/- making it a total additional compensation of Rs.20,000/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.20,000/- with 7.5% interest on the said sum from the date of petition till realisation and the 3rd respondent insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. The Tribunal shall consider favourably the request for disbursement of the amount after it is deposited. M.N.KRISHNAN, JUDGE Cdp/-