IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 MACA.No. 16 of 2010() --------------------- OPMV.397/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER: --------------------------------------------- MINOR SUHAIL, AGED 14 YEARS, SADUQU, THAZHAKATH HOUSE, NEDUMPURA DESOM, KATTOOR VILLAGE, MUKUNDAPURAM TALUK, REP. BY HIS FATHER MR. SADIQU, S/O. ASABULLA, THAZHAKATH HOUSE, NEDUMPURA DESOM, KATTOOR VILLAGE, MUKUNDAPURAM TALUK. BY ADV. MR.V.BINOY RAM RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. BAIJU.P.P. S/O. KUTTAN, PANIKKASSERY HOUSE, CHENAM.P.O. CHERPU, THRISSUR DISTRICT. 2. SHAIJU, S/O. PUSHPAKARAN, PANIKKASSERY HOUSE, CHENAM.P.O., CHERPU, THRISSUR DISTRICT. 3. THE MANAGER, UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, PARK HOUSE, ROUND NORTH, THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.16 OF 2010 ............................................. Dated this the 19th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No397/2006. The claimant, a minor boy, sustained injuries in a road accident whereby he had sustained fracture of the humerus. He has been awarded a compensation of Rs.20,500/= with 7% interest. Dissatisfied with the same, he has come up in appeal for enhancement. 2. It is brought to my notice that there was a disability certificate of 5%. The learned counsel also made available before me the said certificate. The fracture is united by excess callus. There is slight reduction of the muscle power and partial ankylosis. The doctor has not been examined. But considering the callus formation in the fracture side, I am inclined to accept the disability at 3%. When the disability is accepted at 3% and income is taken as at Rs.18,000/= per annum and the multiplier of 15 is used, the disability compensation would come to Rs.8,100/=, of : 2 : M.A.C.A.No.16 OF 2010 which Rs.3,000/= is granted as loss of amenities and enjoyment in life. Therefore I am inclined to grant an additional compensation of Rs.5,100/=. 3. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,100/= with 7% interest from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.16 OF 2010