IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 MACA.No. 1785 of 2005() ----------------------- OPMV.123/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: -------------------------- AYOOB SAINU, MINOR, S/O.SAINUL ABIDHEEN, KOONUPAZHAMBIL HOUSE, PUZHAVATHUKARA, CHENGANACHERRY VILLAGE, REPRESENTED BY MOTHER ZEENATH, W/O.SAINUL ABIDHEEN. BY ADV. SRI.K.A.HASHIM RESPONDENT(S)/RESPONDENTS: ------------------------ 1. JOSEPH @ JOSE, S/O.AUGUSTINE, PUNNAKKAL, NEAR DUMPING STATION, FATHIMA PURAM, PERUNNA EAST, CHANGANACHERRY. 2. THE MANAGER, S.H.ENGLISH MEDIUM SCHOOL, CHANGANACHERRY. 3. NEW INDIA ASSURANCE CO., CHENGANACHERRY. ADV. SRI.V.P.K.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No. 1785 of 2005 -------------------------------------- Dated this the 29th day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. The claimant before the Tribunal is the appellant. The appeal is filed seeking enhancement of compensation awarded by the Tribunal. The appellant while he was a minor boy aged 8 years, sustained severe injuries in a motor vehicle accident which occurred on 1.11.2001 when he was standing in front of the school wherein he was studying, the School Bus belonging to the same school had knocked down him and ran over his left leg. The appellant sustained degloving injury on the dorsum of left foot with dorsal composite loss, extensor tendon loss of left big toe, etc. He was treated as inpatient on three different spells and underwent various surgeries. The injuries sustained to the appellant had resulted in causing persistent disability. Ext.A9 is the disability certificate issued by PW2 Doctor, who assessed the extent of disability as 15%. Whereas Ext.X1 is another certificate issued by the Assistant Professor of Orthopedic Department, Medical College, Kottayam in which the extent of disability is assessed as 10%. However the Tribunal adopted MACA.1785/05-G 2 12% disability for the purpose of computing compensation for permanent disability and loss of earning power. Adopting multiplier of 15, the Tribunal awarded an amount of Rs.38,880/- as compensation under that head. According to the appellant, the amount of Rs.15,000/- allowed towards compensation for loss of amenities and enjoyment in life and the amount of Rs.10,000/- allowed as compensation for the continuing disability and disfiguration, are highly unrealistic. It is contended that the Tribunal had awarded only an amount of Rs.15,000/- for future treatment, inspite of evidence to the effect that petitioner need further treatment and further surgical operations. He also contended that the rate of interest at 6% granted by the Tribunal is on the lower side. 2. Considering the entire facts and circumstances of the case and evidence on record we feel that the amount granted under different heads of loss of amenities and enjoyment of life, compensation for continuing permanent disability and disfiguration, expenses for future treatment, etc, are on the lower side. On an anxious consideration we feel that an enhancement of total compensation by a sum of Rs.25,000/- will meet the ends of justice. Further we are inclined to increase the rate of interest from 6% to 7.5%. MACA.1785/05-G 3 In the result the appeal is partly allowed enhancing the total compensation of Rs.2,20,430/- awarded by the Tribunal by a further sum of Rs.25,000/-. The original amount awarded by the Tribunal as well as enhancement granted in this appeal will carry interest @ 7.5% per annum from the date of the claim petition till payment. The 3rd respondent/Insurance company is directed to make payment of the amount within a period of 3 (three) months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb