IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 MACA.No. 686 of 2005() --------------------------------- OPMV.735/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA, WAYANAD. .................... APPELLANT/PETITIONER: -------------------------------------- PRAVEEN P.P. (MINOR) AGED 16 YEARS, (DATE OF BIRTH 20/12/1983) S/O. P.P. PREMAN, REPRESENTED IN THE O.P. (MV) NEXT FRIEND GUARDIAN P.P. PREMAN, PRAVEEN NIVAS, CHEERAN KUNNU HOUSE, KARACHAL P.O., MEENANGADI, SULTAN BATHERY TALUK. (THE APPELLANT HAS NOW ATTAINED MAJORITY). BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. NOUSHAD, S/O. KUNHUMUHAMMED CHELAYIL HOUSE, MUTTIL P.O., CHENAM KOLLY, D.L. & BADGE NO. NOT KNOWN DVR OF KL 12/2129 AUTORICKSHAW). 2. P.K. MUSTAFA, S/O. KUNHAMMED, THANNIVAYAL PALATHIL, KOLAGAPPARA P.O., SULTAN BATHERY. (R.C.OWNER OF KL 12/2129 AUTORICKSHAW). 3. NATIONAL INSURANCE CO.LTD., BRANCH OFFICE KALPANA SHOPPING COMPLEX, MAIN ROAD, KALPATTA, WAYANAD DISTRICT. (INSURER OF KL 12/2129 AUTORICKSHAW POLICY NO.101501/31/060/11/07396/1998. ADV. SRI.JOE KALLIATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 686 OF 2005 = = = = = = = = = = = = = = = Dated this the 11th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)735/99. The claimant, a boy aged 16 years sustained injuries in a road accident. He had sustained a fracture at the lower 1/3rd of both bones of left leg. Or in other words, he had sustained fracture on the tibia and fibula. The Tribunal considered the disability certificate produced which fixed the percentage of disability at 6%. Being a boy aged 16 years only notional income can be taken, i.e., Rs.15,000/- per annum. When a multiplier of 16 is used for 6% disability, the disability compensation would come to Rs.14,400/-. The Tribunal has awarded Rs.10,000/-. Therefore, the claimant will be entitled to an amount of Rs.4,400/- under that head. Since he had sustained fracture on both bones of his leg I feel the compensation awarded for pain and sufferings is inadequate. Therefore I award Rs.2,000/- more under that head. M.A.C.A. 686 OF 2005 -:2:- Therefore the claimant will be entitled to an additional compensation of Rs.6,400/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,400/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-