IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 MACA.No. 194 of 2009(D) --------------------------- OPMV.114/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): PETITIONER ----------------------------------- DEEPU, AGED 19 YEARS, S/O.VASU, THEKKUMURI HOUSE, VIYOOR VILLAGE, VIYOOR DESOM, THRISSUR. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S): RESPONDENTS --------------------------------------- 1. SHANIL, AGED 30 YEARS, S/O.BALAN K.V., KANDARUVALAPPIL HOUSE, PULLAZHI DESOM, PULLAZHI VILLAGE, THRISSUR. 2. P.R.SANTHA, W/O.BALAN K.V., KANDARUVALAPPIL HOUSE, PULLAZHI DESOM, PULLAZHI VILLAGE, THRISSUR. 3. UNITED INDIA INSURANCE CO.LTD., PARK HOUSE, ROUND NORTH, THRISSUR. POLICY NO.100600/31/04/16373 VALID FROM 1.2.2005 TO 31.1.2006. ADV. SRI.UNNI. K.K. (EZHUMATTOOR) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 194 OF 2009 = = = = = = = = = = = = = = = Dated this the 28th day of July, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV)114/06. A 17 year old minor, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.46,630/- out of which Rs.22,280/- represents medical expenses. Dissatisfied with the quantum the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the claimant had sustained a fracture on the tibia and he was admitted in the hospital on 3.12.05 and discharged on 16.12.05. The fracture on the tibia was confirmed on radiological examination and he was treated by inter locking nailing. The claimant again got admitted in the hospital on another occasion in 2007 and had expended a sum of Rs.13,270/-. The learned Tribunal did not accept that M.A.C.A. 194 OF 2009 -:2:- bill for the reason that the claimant was not able to connect these bills with the injuries sustained in the accident. The claimant also produced a disability certificate which reveals that he had stiffness on the left ankle and left knee joint. There is limitation of movement and therefore the doctor fixed the disability at 6%. Some how or the other the Tribunal reduced it to 3% and took the income at Rs.15,000/- per annum applied a multiplier of 15 and calculated the disability compensation. Considering the nature of injuries sustained, the treatment undergone and the disability complained of I feel 6% disability can be taken for the purpose of calculating the disability compensation. The table fixed the notional income at Rs.1,250/- way back in 1994 and therefore it is just and equitable to fix it at Rs.1,500/- at least and therefore the annual income is taken at Rs.18,000/-, a multiplier of 18 is applied as per 2009 ACJ 1298(Sarala Varma v. Delhi Transport Corporation) on the income of Rs.18,000/- with 6% disability, the disability compensation would come to Rs.19,440/- of which M.A.C.A. 194 OF 2009 -:3:- Rs.6,750/- is already granted. Therefore the claimant is entitled to an additional compensation for disability at Rs.12,690/-. Towards pain and sufferings I increase it marginally by Rs.1,000/-. Certainly this would have caused him inconvenience and the disability would have caused inconvenience in the later time as well. So Rs.5,000/- is awarded towards loss of amenities and enjoyment in life thus making the total additional compensation at Rs.18,690/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.18,690/- with 8% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-