IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 MACA.No. 3206 of 2009(B) ------------------------------------- [O.P(MV).NO.1893/1999 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA] .................... APPELLANT/PETITIONER: ------------------------------------- VINNIE JOSEPH, KUNNATHU KIZHAKKATHIL, VEEYAPURAM PANCHAYAT WARD NO.V, VEEYAPURAM, ALAPPUZHA DISTRICT. BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL), SRI.A.R.DILEEP, SRI.GEORGE RAJU, SMT.SURYA SASI. RESPONDENTS: ------------------------ 1. VIJAYAN, KURUKATHI VADAKKATHIL, PLAPUZHA MURI, HARIPAD. 2. KSRTC, REP. BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. R2 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,S.C, KSRTC. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J. ------------------------- M.A.C.A. No. 3206 of 2009 ------------------------------------- Dated this the 30th day of September, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Mavelikara in O.P(MV) No.1893/1999. The claimant, a 13 year old student sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.35,850/- with 7.5% interest. 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 Standing Counsel for the KSRTC. A perusal of the award in para 7 would clearly show that the boy had sustained a crushed injury on the fingers and the Assistant Surgeon attached to the Government Hospital, Haripad had issued a disability certificate on account of the deformity of left index finger and limitation of movement at 5% according to Mc Bride Scale. He had also undergone treatment in the Ayurvedic Hospital. The Tribunal has been extremely reasonable on almost all heads including the Ayurvedic treatment wherein a claim was made for Rs.2500/- and the court allowed Rs.1500/-. For an accident in 1999, the pain and suffering awarded is Rs.13,000/-, which is quite reasonable. Since the M.A.C.A. No. 3206 of 2009 2 doctor had certified the disability at 5% and the annual income is taken as Rs.18,000/- by applying a multiplier of 15, the disability compensation would come to Rs.13,500/- out of which 10,800/- is paid, which means that the claimant is entitled to an additional compensation of Rs.2,700/-. Certainly, when the boy had sustained a crushed injury on the hand, which had resulted in disability, barring the disability there would be day to day inconvenience in life and loss of amenities and enjoyment, the Tribunal has awarded only Rs.3000/- and therefore, I enhance it by another Rs.5,000/-. On other heads the compensation awarded is adequate and so the claimant is entitled to additional compensation of Rs.7,700/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7700/- with 7.5% interest on the said sum from the date of petition till realisation and the second respondent is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE ln