IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 MACA.No. 2894 of 2008() ----------------------- OPMV.1332/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/ PETITIONER IN OP(MV):- ------------------------------------------ SANOJ, S/O.SAHAJAN, VELAKKANADAN HOUSE, NADAVARAMBA DESOM AND P.O., VELOOKKARA VILLAGE MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. MR. P.V.BABY RESPONDENTS/RESPONDENTS 1 TO 3 IN OP(MV):- --------------------------------------------------------- 1. SAJEESH M.S., S/O.NEDUNTHEDATH SANKARAN, KIZHAKKUMMURI, PERINGOTTUKARA P.O 2. AJAYAN T.R., S/O.THADATHIPARAMBIL RAMAKRISHNAN, NADAVARAMBA P.O. 3. THE NEW INDIA ASSURANCE CO.LTD., VELLANIKARAN BUILDING, MAIN ROAD, IRINJALAKUDA P.O. ADV. MR. M.RAJAGOPALAN FOR R3 MR. RAJIT FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2894 OF 2008 ............................................. Dated this the 7th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakkuda in OP(MV)No.1332/2003. The claimant, a 17 year old boy, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.63,600/= and directed the 3rd respondent insurance company to pay the amount. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the boy had sustained an injury of 20x25 cms on the left leg with skin and soft tissue lost. It would also reveal that there were glass pieces and stone pieces inside the wound and he was treated as an inpatient in a hospital for 33 days for crush injury on the left leg. The Tribunal did have the opportunity to see the boy and was satisfied with the disability certificate issued, accepted it as 5% and it also noticed the pathetic condition and disfiguration of the leg. It has to be : 2 : M.A.C.A.No.2894 OF 2008 stated that the Tribunal was not very unreasonable in granting the compensation but some modification is necessary under the following heads: 3. Since as per Sarla Verma v. Delhi Transport Corporation (2009 ACJ 1298), the multiplier to be used is 18 for the age group of 17 and therefore, when the income is taken as Rs.2,000/= and multiplier is used as 18, the compensation would come to Rs.21,600/=of which Rs.19,200/= is awarded. Therefore, the claimant is entitled to an additional compensation of Rs.2.400/= under that head. The boy at the age of 17 was in the hospital for 33 days with crush injury extending to 20x25 cms with glass and stone pieces inside and it is certain that he would have suffered excruciating pain and agony during the period of hospitalisaton. I am inclined to grant Rs.3,000/= more towards the same. Similarly due to the severe injury, he would not have been able to enjoy his life at all and it would have affected his day to day activities as well. Therefore towards loss of amenities and enjoyment in life, I award a sum of Rs.5,000/= making a total additional compensation of : 3 : M.A.C.A.No.2894 OF 2008 Rs.10,400/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,400/- with 7% interest on the said sum from the date of petition till realisation and the third respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly, M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.2894 OF 2008