IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 MFA.No. 1055 of 2002() ---------------------- OPMV.797/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT: PETITIONER: ----------------------------------------- MEETHELE VEETTIL REETHA, D/O.LEELA, CHERUKUNHIPUTHIYA PURAYIL HOUSE, PANAYATHAM PARAMB, P.I.EDAYANNUR, KANNUR. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. P.P.MANOJ KUMAR, S/O.BALAN, KOKKADAN HOUSE, P.O.CHEKKIKULAM, TALIPARAMB. 2. UNITED INDIA INSURANCE CO., LTD., REP. BY ITS DIVISIONAL MANAGER, KANNUR. 3. KIZHAKKE KANNOTH RAJEEVAN, S/O.KUNHIRAMAN, 22 YEARS, PATTANNUR AMSOM, MATTANNUR, KOLOLAM. BY ADV. SRI.P.JAYASANKAR - R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- M.F.A.NO.1055 OF 2002-B ---------------------------------------------------- Dated this the 27th day of June, 2008. JUDGMENT Koshy, J: The appellant/claimant at the age of 18 sustained injuries in a motor accident. He claimed compensation of Rs.2.5 lakhs. The Tribunal awarded only an amount of Rs.32,200/= with interest and directed the 2nd respondent insurance company, which insured the offending vehicle, to deposit the above amount of compensation. The quantum of compensation is disputed in this appeal. No compensation was awarded for permanent disability. As a result of the accident, the appellant sustained fracture of shaft of femur left side middle third. He justified before the court. He was unable to walk normally. There is difficulty for climbing steps. There is also shortening of the leg. The medical board certified that there is 12% disability. The Tribunal did not accept the same. However for discomfort, loss of maintenance and enjoyment of life, Rs.10,000/= was granted. Even though the disability certificate was issued by the medical board, we are of the opinion that it is very difficult to accept 12% disability as fracture shaft of femur occurred at the MFA.NO.1055/2002 . 2 younger age. However, going by the evidence and because of the shortening of the leg, we are of the opinion that compensation can be awarded for 7% disability. Only the notional income as mentioned in the 2nd schedule can be fixed. As per 2nd schedule, 16 is the multiplier and that be so, the compensation payable for disability will be Rs.16,800/= (15000x7/100x16), from that Rs.10,000/= awarded for discomforts etc. has to be deducted. The balance payable will be Rs.6,800/=. The medical bills were reimbursed. We see no ground to enhance the compensation under other heads. The additional amount of Rs.6,800/= should be deposited by the insurance company with 7.5% interest from the date of application till the deposit over and above the decreed amount by the Tribunal. On deposit of the above amount, the appellant is allowed to withdraw the same. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl MFA.NO.1055/2002 . 3 J.B. KOSHY & P.N. RAVINDRAN, JJ. M.F.A.NO.1055 OF 2002-B JUDGMENT 27th day of June, 2008. MFA.NO.1055/2002 . 4