IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 MACA.No. 1464 of 2007() ----------------------- OPMV.127/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER -------------------------------------- UMMER BAVA (MINOR), AGED 17 YEARS, REPRESENTED BY HIS FATHER, KUNHUMUHAMMED, NOORENGAL HOUSE, MELMURI, MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR SRI.VIJAI MATHEWS RESPONDENTS: RESPONDENTS ------------------------- 1. MOHAMMED SHIHABUDHEEN, S/O. MAMMU, CHOORAPILAKKAL HOUSE, OORAKAM, MELMURI P.O., MALAPPURAM DISTRICT. 2. M.P.HYDROSE, S/O. MOHAMMED, KOTTAPPARAMBAN HOUSE, OORAKAM, O.K.MURI P.O., MALAPPURAM DISTRICT. 3. THE UNITED INDIA INSURANCE CO. LTD., MALAPPURAM. BY ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1464 OF 2007 --------------------- Dated this the 21st day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 127/02. The claimant, aged 11 years, sustained injuries in a road accident as a result of which he had suffered fracture of the right femur. The Tribunal awarded a compensation of Rs.64,158/- out of which Rs.40,308/- represents the medical expenses. 2. Learned counsel for the appellant had given me a copy of Ext.A7 certificate for perusal. It would show that the boy was initially admitted in the hospital on 28.9.01 and that open reduction and internal fixation was done. He was discharged on 11.10.01. As there was failure of the implant, he was readmitted and internal fixation with bone grafting was done and discharged on 13.12.01. His fracture was uniting well. The boy again had a fall and he again sustained a fracture of the same femur. Internal fixation was done. So it can be seen that the boy had undergone surgical intervention five times and had a prolonged inpatient treatment. Even in 2003, he was having pain and restriction of movements. It is certain that the boy would have been taken to the hospital only in a special conveyance and would have visited the hospital on innumerable number of occasions and therefore, I feel that an amount of Rs.1,000/- has to be MACA No. 1464/07 2 awarded more towards transport expenses. The boy should have suffered excruciating and agonising pain. Therefore, I enhance the compensation for pain and suffering by Rs.3,000/-. The Tribunal took the notional income, accepted the disability of 2%, applied a multiplier of 15 and granted Rs.4,500/- towards permanent disability. But when a boy aged 11 years sustains fracture of the femur and runs into the trouble by getting fracture again on account of a fall, it is certain that he would not have been able to play or enjoy as the children of his age would like to have. Further even in the day to day activities there would have been difficulties for the child. Therefore, I award Rs.6,000/- for loss of amenities and enjoyment in life. Thus, the claimant will be entitled to an additional compensation of Rs.10,000/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.10,000/- with 6 % interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 1464/07 3