IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 MACA.No. 125 of 2005(D) ----------------------------------- OPMV.2847/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER : --------------------------------------- PRASANTH @ KUNJUMON, S/O.VELUTHEDATHU UNNIKRISHNAN, VELAPPAYA P.O., THRISSUR DISTRICT. BY ADV. SRI.MANU MOHAN SRI.DAVIS J.CHIRAMMEL RESPONDENTS/RESPONDENTS : --------------------------------------------- 1. SIVAN, S/O.THEVAN, KOTTARAPURATHU HOUSE, P.O.VELAPPAYA, THRISSUR. 2. C.N.RAMAN NAMBOOTHIRI, "SREEVALSAM", CHERUMTHOTTATHU MANA, P.O.,VELAPAYA, THRISSUR. 3. M/S.ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, 3RD FLOOR, MAHESWARY BUILDINGS, M.G.ROAD, THRISSUR. BY ADV. SMT.K.MEERA - R2 SRI.BOBY MATHEW - R2 SRI.VPK.PANICKER - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 125 OF 2005 --------------------- Dated this the 9th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thrissur, in OP(MV) 2847/00. The claimant was a boy aged 17 years at the time of the accident. He had suffered three lacerated wounds on the right knee with tenden cut injury as well as right knee dislocation. He claimed to be an agriculturist cum student. It can be seen that he was treated as inpatient in the hospital from 29.8.00 till 5.9.00. The disability certificate produced would reveal that the claimant is having 12% permanent disability. But the Tribunal took it only as 2½%. 2. Considering the fact that the boy had sustained three injuries on the right knee with tenden cut injury as well as right knee dislocation, it is quite possible that there would be some difficulty and disability for the boy. So, I feel it proper to fix the disability at 5% for calculation of compensation. When it is worked out taking the income at Rs.1,500/- per month the annual loss of earning would come to Rs.900/- which when multiplied with 16 would come to MACA No.125/05 2 Rs.14,400/-. Under the head of disability and loss of earing power the Tribunal had already granted a sum of Rs.10,500/-. So the claimant will be entitled to an additional compensation of Rs.3,900/-. For the injuries sustained, the Tribunal had awarded Rs.2,500/- towards pain and suffering which appears to be grossly inadequate. I enhance it by Rs.2,500/-. On all other heads, the compensation awarded by the Tribunal appears to be just and reasonable. So the claimant is entitled to an additional compensation of Rs.6,400/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,400/- with 6 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.125/05 3