IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 MACA.No. 1921 of 2008() ---------------------------------- OPMV.1436/2004 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL,KOTTAYAM .................... APPELLANT(S): PETITIONER ----------------------- SHIJU JINNA THAIMADATHIL HOUSE, CHERUKARAKUNNU BAHAGOM, PERUNNA, CHANGANACHERRY VILLAGE,KOTTAYAM DISTRICT. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S): RESPONDENTS ------------------------- 1. GOPALAKRISHNAN PILLAI S/O.GOVINDAN NAIR, KOCHUPURACKAL HOUSE PUZHAVATHU KARA, CHANGANACHERRY,KOTTAYAM. 2. K.P.NOORJAHAN, W/O. P.A.ABDUL GAFOOR PARAKKAVETTY MANZIL, PERUNNA EAST P.O. CHANGANACHERRY,KOTTAYAM. 3. THE BRANCH MANAGER NEW INDIA ASSURANCE COMPANY LIMITED CHANGANACHERRY. ADV. SRI.A.C.DEVY FOR R3 SRI.T.S.SUMESH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1921 OF 2008 ===================== Dated this the 5th day of December 2008 JUDGMENT This appeal is preferred against the award of the Addl.Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.1436 of 2004. The claimant, a 17 year old student at the time of the accident sustained injuries in a road accident. It is seen from the medical records that he had a fracture on the ulna middle 1/3 of right forearm and was treated in the hospital as an inpatient from 25.1.2002 to 29.1.2002. He was a student studying in plus 2 at that time. The Tribunal awarded him a compensation of Rs.42,620/-. It is against that decision, the claimant has come up in appeal. 2. Learned counsel for the appellant very strongly contends before me that the amount awarded is inadequate and the Tribunal erred in not fixing the disability at 7%. I had considered the argument of both sides and even if the argument of the learned counsel for the appellant is accepted and disability is fixed at 7% it can only done in the following way for the reason that the claimant was only a student and only a notional income can be taken under the schedule for fixing the compensation. If the notional MACA 1921/2008 -:2:- income is taken as Rs.15,000/- per annum and 7% is calculated as the disability and 16 is used as the multiplier the claimant would be entitled to a compensation of Rs.16,800/- of which the Tribunal has awarded Rs.16,320/- thereby entitling him to get an additional compensation of Rs.480/- under that head. The Tribunal had only awarded Rs.8,000/- for pain and suffering. Considering the young age of the boy as well as the fact that he would have been under plaster cast for a long time I enhance the compensation by Rs.2,000/- towards pain and suffering. The records also would reveal that there had been internal fixation and certainly after some time he would have required surgery for implantation. It is true that no document is produced to prove the expenses. Therefore I award another amount of Rs.2,000/- under that head. Therefore the claimant will be entitled to an additional compensation of Rs.4,480/- which I round as Rs.4,500/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.4,500/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a MACA 1921/2008 -:3:- copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-