IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 MACA.No. 1635 of 2008() --------------------------------- OPMV.767/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA ........................................................................................................................................ APPELLANT: PETITIONER IN O.P (MV) ------------------------------------------------------- RAHUL ROY, MINOR, AGED 10, S/O.K.P.ROY, REP. BY HIS NEXT FRIEND AND NATURAL GUARDIAN MOTHER JOLY, KACHAPPILLY HOUSE, RESIDING AT ALOOR VILLAGE AND DESOM, P.O.MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT : RESPONDENTS --------------------------------------------- 1. BENNY, S/O.TALIYATH VARGHESE, PERAMBRA VILLAGE, VR PURAM.P.O. 2. THE ORIENTAL INSURANCE CO. LTD., SOUTH JUNCTION, CHALAKUDY. 3. JAISON JACOB, THATTIL HOUSE, NANDIPURAM. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J --------------------------------------- M.A.C.A. NO. 1635 OF 2008 -------------------------------------- Dated this the 22nd day of September, 2009. J U D G M E N T This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(M.V) No.767 of 2002. The claimant aged three and half years old sustained injuries in a road accident whereby he sustained a fracture of the femur and the Tribunal awarded compensation of Rs.27,900/-. It is against that decision the claimant has come up an appeal for enhancement of the compensation. 2. Heard the counsel for both sides. It can be seen from the award that the boy had sustained a fracture of the femur and he was an inpatient in the hospital for 20 days. Ext.A5 disability certificate revealed that the boy has shortening of the right leg and there is also muscle wastage at the fracture site. The doctor certified the disability at 10%. But the Tribunal converted it into 4% permanent disability and awarded the compensation. A perusal of this records would reveal that a small boy aged three and half years had suffered shortening of the limb with wastage of muscles and M.A.C.A. NO. 1635 OF 2008 2 therefore, as in the years to come it will create more problem for him. Just like other boys of the same age he may not be able to run or skip or jump and enjoyment in life just like the other children would be curtailed on account of this type of injury. Therefore, I fix the disability at 6% and when the compensation is worked out with the notional income to Rs.15,000/- and a multiplier of 15 it will come to Rs.13,500/-. Over and above thus the claimant is entitled to Rs.3500/- for loss of amenities and enjoyment. Therefore, towards permanent disability and loss of amenities of Rs.17,000/- is to be awarded out of which only 9,000/- has been awarded. Therefore, the claimant is entitled to an additional compensation of Rs.8,000/-. In the result, M.A.C.A is partly allowed and the claimant awarded an additional compensation of Rs.8,000/- with 7% interest on the said sum from the date of petition till realisation and the respondent Insurance Company is directed to deposit the said amount within the period of 60 days from the date of receipt of the copy of this judgment. M.N. KRISHNAN, JUDGE. pm M.A.C.A. NO. 1635 OF 2008 3 M.A.C.A. NO. 1635 OF 2008 4