IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 MACA.No. 2501 of 2008() ---------------------------------- OPMV.774/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/ PETITIONERS ------------------------------------------- MINOR SAYANTH ALIAS SAINTH, 8 YEARS, REPRESENTED BY FATHER SATHYAN, ANANTHATHUPARAMBIL HOUSE, KUZHIKKATTUKONAM DESOM, PORATHISSERY, MADAIKONAM.P.O, MUKUNDAPURAM TALUK. BY ADV. SRI.N.KRISHNANKUTTY PILLAI RESPONDENT(S): DEFENDATNS ---------------------------------------------- 1. M.R.JINAN, S/O RADHAKRISHNAN, MOONNAMKOOTTU HOUSE, P.O.KAZHIMBRAM, EDAMUTTAM, THRISSUR DISTRICT. 2. THE NEW INDIA ASSURANCE CO.LTD, S.S.N.SHOPPING COMPLEX, TEMPLE ROAD, NATTIKA.P.O, THRIPRAYAR, THRISSUR DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.2501 OF 2008 ===================== Dated this the 19th day of November 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakkuda in O.P.(MV)No.774 of 2004. The claimant, a minor boy sustained fracture of the femur with some deformity of left thigh and the Tribunal has awarded a total compensation of Rs.51,100/-. A disability certificate was produced for 10%, but it was not proved by examining anybody. But the boy was seen by the Tribunal and the Tribunal was satisfied that there was some disability for the boy and that the boy is not in a position to walk or run speedily and therefore the Tribunal fixed the whole body disability at 4% . Instead of taking the notional income of Rs.15,000/- the Tribunal took it as Rs.18,000/-, applied a multiplier of 15 and granted disability compensation besides Rs.4,000/- for discomfort and loss of amenities. The Tribunal also granted Rs.10,000/- for pain and suffering and also the entire expenses claimed for the medical treatment plus transport expenses and bystander expenses. On an over all analysis of the materials available, the Tribunal has awarded a just and reasonable MACA 2501/2008 -:2:- compensation. Therefore I do not find any reason to entertain this appeal. Therefore appeal lacks merit and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-