IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 M.A.C.A.No. 1394 of 2007(D) ----------------------- O.P(MV)NO.312/2002 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: --------------------- H.SHANKARA NARAYANAN, S/O. V.HARIHARAN, KORATTY PRESS COTTAGE NO. 24/5 MURINGOOR THEKKUMURI VILLAGE, KORATTY DESOM, KORATTY. BY ADV. SRI.V.BINOY RAM RESPONDENTS/RESPONDENTS: ------------------------ 1. THE PRESIDENT (OWNER) THE TRICHUR DISTRICT AUTORICKSHAW THOZHILALI HARIJAN C0-OPERATIVE SOCIETY LTD., NO. R 333, AYYANTHOLE P.O., THRISSUR. 2. P.K.PRABATH (DRIVER) S/O. KAVALAN,PAKKATT HOUSE, NEAR POLYTECHNIC,KORATTY, THRISSUR DT. 3. THE MANAGER, UNITED INDIA INSURANCE CO. LTD, DIVISIONAL OFFICE, ROUND NORTH, THRISSUR. BY ADV. SRI.P.V.JYOTHI PRASAD - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1394 OF 2007 --------------------- Dated this the 6th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 312/02. The claimant, aged 13 years, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.42,110/- It is for enhancement of the same, the appeal is preferred by the claimant. 2. Heard the counsel for both sides. A perusal of the award would reveal that the claimant had sustained fracture of both hands besides loss of two upper incisors and superficial injury all over the body. He was treated as inpatient in the hospital for 3 days. The Tribunal has awarded him compensation for medical expenses and also for the expenses spent for treatment of the teeth. Besides the same, it also awarded a sum of Rs.5,000/- for loss of teeth. Tribunal granted Rs.10,000/- for pain and suffering. It perused the disability certificate and found from the evidence of PW2 that the fracture has united well and there was no dislocation. Therefore, the Tribunal took the disability for the purpose of calculation of MACA No.1394/07 2 compensation at 7%. Tribunal took the notional income at Rs.1,250/- multiplied with an appropriate multiplier and awarded a proper compensation. It also awarded compensation for loss of amenities and enjoyment in life. So an overall analysis of the materials would convincingly establish that a just and reasonable compensation has been granted by the Tribunal. Therefore, the appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MACA No.1394/07 3