IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 MACA.No. 943 of 2010() ---------------------------------- OPMV.272/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER ------------------------------------- SAMAD, S/O. ABDUL RAHIMAN, EDAKATTUPARAMBIL HOUSE, PONJANAM DESOM, KATTOOR VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENTS/RESPONDENTS ----------------------------------------------- 1. SHAREEF ABDUL RAHIMAN, EDAKATTUPARAMBIL HOUSE, PONJANAM.P.O, KATTOOR, THRISSUR DISTRICT. 2. SAHAD, S/O. ABDUL RAHIMAN, EDAKATTUPARAMBIL HOUSE, PONJANAM DESOM, KATTOOR VILLAGE, MUKUNDAPURAM TALUK. 3. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, ALENGADAN BUILDINGS, TANA, IRINJALAKUDA. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 943 OF 2010 = = = = = = = = = = = = = = = Dated this the 5th day of August, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P. (MV)272/06. The claimant, a minor boy aged 14 years, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.17,500/- with 7% interest. Dissatisfied with the same the claimant has come up in appeal. 2. Heard. A perusal of the award would reveal that the claimant had sustained fracture of both bones of the left forearm and he was treated as an inpatient for two days in the hospital. He had also produced one disability certificate certifying 6% permanent disability. The Tribunal did not accept the same. Learned counsel for the appellant had made available before me the copy of the disability certificate. The Doctor who had M.A.C.A. 943 OF 2010 -:2:- examined him had very elaborately stated that there was a malunion of fracture of both bones and there was also limitation of movements. So I feel this is a fit case where some disability can be taken. In the absence of concrete evidence I fix it as 3%. Considering the age of boy as 14 and the notional income at Rs.18,000/- per annum and applying a multiplier of 15 the disability compensation would come to Rs.8,100/-. On all other heads the claimant has been adequately compensated. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,100/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-