IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 492 of 2003()
1. ALVIN.C.AUGUSTIN S/O. AUGUSTY, AGED 7,
... Petitioner
Vs
1. KUNHINARAYANAN S/O. NARAYANAN,
... Respondent
2. E.N.MOHANAN S/O. NUNCHAN,
3. THE NEW INDIA ASSURANCE COMPANY LTD.,
For Petitioner :SRI.M.SASINDRAN
For Respondent :SRI.PMM.NAJEEB KHAN
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :12/06/2008
O R D E R
J.B. Koshy & P.N.Ravindran, JJ.
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M.A.C.A. No.492 of 2003
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Dated this the 12th day of June, 2008
Judgment
Koshy,J.
Appellant/Claimant sustained serious injuries in a motor
accident at the age of seven. He filed application for compensation
through his father. The tribunal found that the accident occurred
due to the negligence of the second respondent driver of the vehicle
owned by the first respondent and insured by the third respondent.
Total compensation awarded was only Rs.1,31,700/-. Quantum of
compensation alone is challenged.
2. Medical board certified that there is 40% disability.
Tribunal accepted the same. Being a child of six years 15 was taken
as multiplier taking guidance from the second schedule and
Rs.15,000/- was taken as the notional income and compensation for
disability was calculated accordingly. Medical bills were reimbursed.
Apart from that, Rs.11,700/- was awarded towards hospital
expenses. It has come out in evidence that he was an inpatirent for
78 days in A.K.G. Memorial Hospital, Kannur and in the Medical
College, Hospital. As a result of the accident, he had a crush injury
M.A.C.A.No.492/2003 2
on the lower end of left tibia exposing tendon, crush injury over left
over left medial malleolus, etc. He had to undergo prolonged
treatment in two hospitals and the tribunal has awarded Rs.15,000/-
for pain and suffering. Ext.A9 photographs show the mal-union
deformity and disability and extensive treatment was done. The
child at the age of six has suffered extensive pain. For pain and
suffering, another Rs.5,000/- more is awarded. We see no ground to
enhance compensation granted under other heads. The above
Rs.5,000/- over and above the amount decreed by the tribunal
should be deposited by the third respondent insurance company
with 7.5% interest from the date of application till its deposit. On
deposit of the amount, the appellant is allowed to withdraw the
same.
J.B.Koshy
Judge
P.N.Ravindran
Judge
vaa
M.A.C.A.No.492/2003 3
J.B. KOSHY
AND
P.N.RAVINDRAN,JJ.
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M.A.CA. No.492 of 2003
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Judgment
Dated:12th June, 2008