IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 MACA.No. 363 of 2004() ---------------------- OPMV.1184/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP (MV) ------------------------------- PARVATHY, D/O.LATE AMMASSE, VADAKKEPARAMBIL HOUSE, CHENGALOOR.P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP (MV) ----------------------------------- 1. MANAGING DIRECTOR, TAMIL NADU PACKING INDUSTRIES, 3 ANNA STREET, SREENIVASA NAGAR, PADI, MADRAS - 600 050. * 2. M.SIVAKUMAR, S/O.MARANDAI, MOTTUR NEW PILLAYAR KOIL STREET, VELLORE. 3. NEW INDIA ASSURANCE COMPANY, BRANCH NO.710901, PLOT NO.C.33, 2ND AVENUE, NEXT TO POST OFFICE, ANNA NAGAR WEST, MADRAS-600 040 * RESPONDENT NO.2 DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 7/9/07 IN I.A.-1878/07 BY ADV. SRI.A.C.DEVY - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 363 OF 2004 --------------------- Dated this the 29th day of May, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 1184/95. Appellant/petitioner aged 15 years alleged to be a coolie sustained injury in a road accident. She had sustained a laceration of the fore head and fracture of the clavicle right. She was treated in the Medical College Hospital, Thrissur, for eight days. Doctor issued Ext.A19 certificate fixing the disability at 10%. It was stated that the fracture of right clavicle was malunited and there was partial ankylosis of the right shoulder. The court below fixed the loss of earning capacity at 5%. I feel that it is reasonable but at the same time it should have taken the notional income taking into consideration the rise in wages as time progresses. If the notional income is taken at Rs.15,000/- and 5% disability is calculated, the annual loss will be Rs.750/- if multiplied by 15 as proper multiplier, it will be Rs.11,250/-. So she is entitled to an additional compensation of Rs.2,250/-. The fact that the fracture of right clavicle was MACA No.363/04 2 malunited and there was partial ankylosis of the right shoulder etc. shows that there had been pain for the girl at the young age. Therefore I feel that the compensation for pain and sufferings also has to be enhanced at Rs.5,000/- i.e., an additional compensation of Rs.3,000/-. Therefore the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,250/- with 7 % interest on the said sum from the date of petition till realisation from the respondents jointly and severally. 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