IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 MACA.No. 448 of 2010() ----------------------------- OPMV.529/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER --------------------------------- FAZAL.M(MINOR), AGED 16 YEARS, REP.BY FATHER, GUARDIAN, NEXT FRIEND SRI.M.BEERAN,S/O.LATE AYAMUTTY, MOORKKAN HOUSE, CHOORAMALA POST, VELLARMALA, VYTHIRI TALUK, WAYANAD. BY ADV. SMT.CELINE JOSEPH RESPONDENT(S): RESPONDENT NO.3 ------------------------------------------- THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO.LTD., M.G.T.BUILDINGS, KALPETTA NORTH. BY ADV. SRI.RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs A.K. BASHEER,J. & P.Q. BARKATH ALI, J. ------------------------------------- M.A.C.A No. 448 OF 2010-B -------------------------------------- DATED THIS THE 6th DAY OF APRIL, 2011 JUDGMENT Basheer, J: Appellant was involved in a road traffic accident that occurred in August, 2002. He sustained a fracture on his left leg involving both bones apart from some lacerated wounds, abrasions etc. His claim for compensation was allowed by the Tribunal and a sum of ` 19,500/- was awarded to him. The Insurance Company has been directed to pay the said amount. 2. The grievance of the appellant is that the amounts awarded under the heads of disability, pain and suffering and loss of amenities are inadequate and too low. 3. At the time of the accident the appellant was aged 11 and he was studying in IVth standard. The Tribunal has taken the notional monthly income of the appellant as ` 1,000/-. In our view the monthly income can be reckoned as ` 1,500/-. The Tribunal accepted the disability as 5% and MACA No.448/2010 -2- applied a multiplier of 15, considering the age of the appellant. If the amount of compensation is re-worked taking the monthly income as ` 1,500/-, the compensation payable under the head of disability would come to ` 13,500/- as shown hereunder : (1,500/-X12X15X5/100 = ` 13,500). 4. The Tribunal has awarded ` 7,000/- under the head of pain and suffering. In our view, the appellant is entitled to get ` 10,000/- under this head. Thus the appellant shall be entitled to get ` 17,500/- as enhanced compensation. The Tribunal has not awarded any compensation for loss of amenities. We award `10,000/-under this head. The Tribunal has awarded interest @ 6% on the amount of compensation. The appellant shall be entitled to get interest @ 7.5%. In all other respects the award passed by the Tribunal is sustained. Appeal is disposed of in the above terms. Sd/- A.K. BASHEER, JUDGE. Sd/- P.Q. BARKATH ALI, JUDGE. AMG True copy P.A to Judge