IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1785 of 2005()
1. AYOOB SAINU, MINOR, S/O.SAINUL ABIDHEEN,
... Petitioner
Vs
1. JOSEPH @ JOSE, S/O.AUGUSTINE,
... Respondent
2. THE MANAGER, S.H.ENGLISH MEDIUM SCHOOL,
3. NEW INDIA ASSURANCE CO.,
For Petitioner :SRI.K.A.HASHIM
For Respondent :SRI.VPK.PANICKER
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :29/07/2009
O R D E R
C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ.
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M.A.C.A. No. 1785 of 2005
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Dated this the 29th day of July, 2009
J U D G M E N T
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Abdul Rehim,J.
The claimant before the Tribunal is the appellant. The
appeal is filed seeking enhancement of compensation awarded
by the Tribunal. The appellant while he was a minor boy aged 8
years, sustained severe injuries in a motor vehicle accident
which occurred on 1.11.2001 when he was standing in front of
the school wherein he was studying, the School Bus belonging to
the same school had knocked down him and ran over his left leg.
The appellant sustained degloving injury on the dorsum of left
foot with dorsal composite loss, extensor tendon loss of left big
toe, etc. He was treated as inpatient on three different spells
and underwent various surgeries. The injuries sustained to the
appellant had resulted in causing persistent disability. Ext.A9 is
the disability certificate issued by PW2 Doctor, who assessed the
extent of disability as 15%. Whereas Ext.X1 is another
certificate issued by the Assistant Professor of Orthopedic
Department, Medical College, Kottayam in which the extent of
disability is assessed as 10%. However the Tribunal adopted
MACA.1785/05-G
2
12% disability for the purpose of computing compensation for
permanent disability and loss of earning power. Adopting
multiplier of 15, the Tribunal awarded an amount of Rs.38,880/-
as compensation under that head. According to the appellant,
the amount of Rs.15,000/- allowed towards compensation for loss
of amenities and enjoyment in life and the amount of Rs.10,000/-
allowed as compensation for the continuing disability and
disfiguration, are highly unrealistic. It is contended that the
Tribunal had awarded only an amount of Rs.15,000/- for future
treatment, inspite of evidence to the effect that petitioner need
further treatment and further surgical operations. He also
contended that the rate of interest at 6% granted by the Tribunal
is on the lower side.
2. Considering the entire facts and circumstances of the
case and evidence on record we feel that the amount granted
under different heads of loss of amenities and enjoyment of life,
compensation for continuing permanent disability and
disfiguration, expenses for future treatment, etc, are on the
lower side. On an anxious consideration we feel that an
enhancement of total compensation by a sum of Rs.25,000/- will
meet the ends of justice. Further we are inclined to increase the
rate of interest from 6% to 7.5%.
MACA.1785/05-G
3
In the result the appeal is partly allowed enhancing the
total compensation of Rs.2,20,430/- awarded by the Tribunal by a
further sum of Rs.25,000/-. The original amount awarded by the
Tribunal as well as enhancement granted in this appeal will
carry interest @ 7.5% per annum from the date of the claim
petition till payment. The 3rd respondent/Insurance company is
directed to make payment of the amount within a period of 3
(three) months.
C.N.RAMACHANDRAN NAIR, JUDGE.
C.K.ABDUL REHIM, JUDGE.
okb