IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 MACA.No. 647 of 2007(A) -------------------------------- OPMV.474/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): -------------------------------------------------- AMAL(MINOR) AGED 14 YEARS, S/O.RAVEENDRAN, REP. BY HIS NEXT FRIEND GUARDIAN FATHER RAVEENDRAN, AIKKARAPPARAMBIL HOUSE, ELINJIPRA VILLAGE DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS IN OP(MV): ------------------------------------------------------------- 1. MANOJ, S/O KURIKKALPADATH KOCHUMON, KOZHIKKATTUKONAM, P.O.MADAIKONAM. 2. THE MANAGER, THE NATIONAL INSURANCE CO.LTD., IRINJALAKUDA. 3. K.K.PRADEEP KUMAR, KANAKKATTUSSERY HOUSE, PALLIPPURAM P.O. BY ADVS. SRI.MATHEWS JACOB (SR.) FOR R2 SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J --------------------------------- M.A.C.A.No. 647 OF 2007 -------------------------------------- Dated this the 16th day of July, 2008 J U D G M E N T This appeal is preferred against the award of Motor Accident Claims Tribunal, Irinjalakuda in O.P.(MV) No. 474/01. The claimant, a boy aged 9 years, sustained injuries in a road accident and he had been awarded compensation of Rs. 32,778/-. It is seen from the award that he had a fracture of the maxilla and also a fracture of the humerus. The Tribunal awarded Rs. 10,000 for pain and suffering, Rs. 3,000/- towards loss of amenities and enjoyment in life. The main dispute is regarding the accepting of the percentage of disability. The learned counsel had made available before me a copy of disability certificate. It has to be remembered that the boy aged 9 years has got a long way to go even before he starts earning. The disability certificate does not reflect the true state of affairs and therefore there is no fault with the Tribunal, which accepted the disability at 6%. Inspite of the fact that the boy was aged 9 years, the Tribunal took the annual income applied, a M.A.C.A.No. 647/2007 -2- appropriate multiplier of 15 and calculated the compensation. Over and about the disability compensation the Tribunal also awarded compensation on loss of amenities and enjoyment of life. Therefore the award is just and reasonable which does not call for interference. Therefore M.A.C.A is dismissed. M.N. KRISHNAN, JUDGE. vkm