IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 28 of 2006() --------------------- OPMV.1371/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANTS: APPELLANT/PETITIONER: ----------------------------------- MUJEEB RAHMAN, AGED 10 YEARS (MINOR) REP.BY GUARDIAN/MOTHER MARUYUMMA, W/O. AREEKADAN KUNHIMOHAMMED, KOTTAKKAL AMSOM INDIANOOR DESOM, PANIKKERKUNDU, INDIANOOR P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.SHIBILI NAHA RESPONDENTS: RESPONDENTS --------------------------------- 1. PATTARKADAVAN UBAID, S/O. MOHAMMED, INDIANOOR AMSOM, KAVATHIKKALAM, INDIANOOR. P.O., KOTTAKKAL VIA., MALAPPURAM DISTRIC. (DRIVER OF TAXI JEEP). 2. P. SUDEVAN, S/O. NARAYANA KURUP, VELICHAMPATTIL HOUSE, KUTTIPPURAM, KOTTACKAL P.O., MALAPPURAM DISTRICT. 3. THE NEW INDIA ASSURANCE CO.LTD., DEIVISIONAL OFFICE, MANJERI ROAD, MALAPPURAM. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No.28 of 2006 ----------------------------------------- Dated this the 12th day of November , 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed for enhancement of compensation for the injuries sustained by the appellant who was 10 years old at the time of the accident. We have heard counsel appearing for the appellant and standing counsel appearing for the Insurance Company. We find from the award that the appellant sustained fractures and crush injuries . Even though permanent disability was certified by the Medical Board is only 3% the appellant admittedly had taken a long period for partial recovery and for the treatment he had lost two academic years. We notice that the compensation granted under other heads, after meeting the cost of medical expenses, is only around 22,000/-. Therefore we enhance the compensation under other heads by a sum of Rs. 32,000/- making the total compensation to Rs.1,00,000/- The Insurance Company is directed to pay interest at the rate of 7 ½ % interest per annum on the entire compensation including additional compensation from the date of application till the date of payment. This appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.A.C.A No. 28 of 2006 ---------------------------- JUDGMENT 12th November, 2008