IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1893 of 2007()
1. KIRAN RAJ (MINOR), S/O. KRISHNARAJ,
... Petitioner
Vs
1. VIJAYAKUMAR, S/O. DIVAKARAN NAIR,
... Respondent
2. THE UNITED INDIA INSURANCE CO. LTD.,
For Petitioner :SRI.PHILIP T.VARGHESE
For Respondent :SMT.P.A.REZIYA
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :07/11/2008
O R D E R
M.N. KRISHNAN, J
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M.A.C.A.No. 1893 OF 2007
---------------------------------
Dated this the 7th day of November, 2008
JUDGMENT
This appeal is preferred against the award of the Motor
Accident Claims Tribunal, Paravur in O.P.(MV) No.5/2002. The
claimant, a 7 year old minor boy, sustained injuries in a road
accident and the Tribunal has awarded him a compensation of
Rs. 26,900/-. It is against that decision the claimant has come up
in appeal. For a personal satisfaction I directed the boy to be
present before the Court and also put some questions to him and
he had expressed his difficulty to run and play and there is some
ankylosis as well on the leg. Disability certificate given by the
Medical Board was produced but the Tribunal did not consider it
seriously. The Medical Board assessed the Orthopedics disability at
7%. The Medical Board also found that there is a 10-15 %
posterior ankylosis, tenderness at the fracture site and there is
restriction of the movement of the ankle. Since it is only an
Orthopedic disability the whole body disability can be taken as 7%
and compensation may be calculated. When such a compensation
is calculated, being a minor boy only a national income of Rs.
M.A.C.A.No. 1893 OF 2007
-2-
15,000/- per annum and disability at 7%, the annual loss will come
to Rs. 1,050/- which when multiplied with an appropriate multiplier
of 15 would be Rs. 15,750/-. The Tribunal has only awarded an
amount of Rs. 5,000/- which when deducted the additional amount
would come to Rs. 10,750/-. On all other heads appropriate
compensation has been awarded. It is also to be stated that a
claimant may not be entitled to the interest during the period of
delay that is from 30.4.05 to 3.10.07.
In the result, the M.A.C.A is disposed of by awarding an
additional compensation of Rs. 10,750/- with 7% interest on the
said sum from the date of petition till 30.4.05 and from 4.10.07 till
realisation. The Insurance Company is directed to deposit the
amount within a period of 60 days from the date of receipt of copy
of the judgment.
M.N. KRISHNAN, JUDGE
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