IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 MACA.No. 2308 of 2007() ----------------------- OPMV.27/2000 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: ----------------------------------- FINU FAVAS K.K., S/O. RAFEEQUE P, AGED 13 YEARS, REPRESENTED BY HIS FATHER, RAFEEQUE P., S/O.KOYA, PURAYIL,KACHERIKUNNUMMAL, KODUVALLI POST, KOZHIKODE-643 572. BY ADV. SRI.K.M.FIROZ RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. K. ABDUL MAJEED, S/O. ABOOBACKER, 8/23, KUTTIYILPARAMBIL HOUSE, PARAMBIL POST, KURUVATTOOR. 2. MADHUSOODHANAN, S/O. VASU NAIR, THAZHETHADATHIL VEEDU, CHERUKULATHOOR AMSOM, CHERUKULATHOOR, KOZHIKODE-673 008. 3. THE NEW INDIA INSURANCE CO. LTD., CHEROOTTY ROAD, KOZHIKODE. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2308 OF 2007 --------------------------------- Dated this the 1st day of December, 2008 JUDGMENT This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.27/2000. The claimant, a young boy, sustained injuries in a road accident and the tribunal awarded a compensation of Rs. 18,500/-. 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. The learned counsel for the Insurance Company had made available before me for perusal, the wound certificate issued by the Medical College Hospital, Kozhikode. It would reveal that the boy had sustained fracture on the left femour, loss of four incisors and an incised wound of 2 cms. He was treated as inpatient from 17.8.99 to 24.8.99 and plaster cast was applied. The tribunal itself has stated in the award that the boy had a shortening of limb by 3 cms. But unfortunately he had produced disability certificate of 1%. Even if it is 1% and notional income is fixed Rs. 15,000/- per annum which when multiplied by an appropriate multiplier of 15 would come to Rs. 2,250/- under the M.A.C.A. No. 2308/2007 -2- head of permanent disability. Similarly sustainment of a serious fracture on the femur which had resulted in shortening of leg by 3 cms., would have deprived the boy from playing at that age and he may also have minimum deformity. Therefore I feel it is a fit case an additional amount of Rs. 6,000/- has to be awarded for loss of amenities. The boy had sustained loss of four incisors and such injury would have forced him to take liquid nutritious food for recovery. It is true that milk teeth may go and new teeth would come. But taking into consideration all the aspects I award a sum of Rs. 1,750/- for loss of teeth and for nutritious food. Thereby making an additional compensation of Rs. 10,000/-. In the result, the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 10,000/- with 6% interest on the said sum from the date of petition till realisation. The 3rd respondent Insurance Company is directed to deposit the same within 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm