IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 509 of 2006()
1. JENCY JOHNY(MINOR), AGED 14 YEARS,
... Petitioner
Vs
1. N.R.SHIJU, S/O.RAVI,
... Respondent
2. THOMAS, S/O.VAREED, MENACHERRY HOUSE,
3. MANAGER, NATIONAL INSURANCE CO LTD.,
4. P.K.PARAMESWARAN, S/O.KRISHNAMURTHY,
For Petitioner :SRI.P.V.BABY
For Respondent :SRI.LAL GEORGE
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :28/06/2010
O R D E R
A.K. Basheer & P.Q. Barkath Ali, JJ.
– – – – – – – – – – – – – – – – – – – – – – – – – – – –
M.A.C.A.No. 509 of 2006
– – – – – – – – – – – – – – – – – – – – – – – – – – – – –
Dated this the 28th day of June, 2010
Judgment
Basheer, J:
Appellant was involved in a motor accident in 1999 when
she was hardly 8 years old. She sustained epiphysical fracture type
II left femur on her left knee, apart from other injuries. She
underwent inpatient treatment for 16 days in a hospital at
Chalakudy. The Doctor who treated her assessed the disability at
7%. She claimed a total sum of Rs.1,50,000/- under various heads.
Appellant’s mother was examined as Pw.1 and Exts.A1 to A11
were marked on her side. The Tribunal, after considering the
materials available on record, passed an award in a sum of
Rs.28,174/- which consisted of Rs.7500/- for pain and suffering,
Rs.2500/- for loss of amenities and Rs.9000 towards compensation
for permanent disability.
2. As rightly pointed out by learned counsel for the
appellant, the Tribunal was not justified in reducing the percentage
of disability to 4% from 7% as assessed by the Doctor. In our
view, having regard to the nature of the injuries and also the age
of the appellant, the Tribunal ought to have accepted the
percentage of disability as 7%. In that view of the matter, the
IMACA.509/200 : 2 :
disability compensation is re-assessed at Rs.15,750/- in lieu of
Rs.9,000/- awarded by the Tribunal.
3. The Tribunal awarded only Rs.2500/- towards loss of
amenities in life. We are satisfied that a sum of Rs.7500/- would
be just and reasonable under this head. Similarly the Tribunal
awarded Rs.7500/- under the head of pain and suffering. We are of
the view that Rs.10,000/- will be just and reasonable under this
head. In all, the appellant will be entitled to get an additional sum
of Rs.14250/-. The Tribunal has awarded only 6% interest which
is enhanced to 7.5% from the date of the petition till the date of
realisation.
The appeal is disposed of in the above terms.
A.K. Basheer
Judge.
P.Q. Barkath Ali
Judge.
an.