IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1702 of 2006()
1. ASHIKAR P.P., S/O. MUHAMMED M.,
... Petitioner
Vs
1. P.J. SUNNY, PALAMATTATHIL HOUSE,
... Respondent
2. M. RAJUMON, S/O. BALAKRISHNAN NAIR,
3. THE NATIONAL INSURANCE CO.LTD.,
For Petitioner :SRI.ESM.KABEER
For Respondent :SRI.CIBI THOMAS
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :20/08/2008
O R D E R
J.B.KOSHY & THOMAS P. JOSEPH, JJ.
-------------------------------
M.A.C.A.NO.1702 OF 2006 (F)
-----------------------------------
Dated this the 20th day of August, 2008
J U D G M E N T
KOSHY,J.
Appellant/claimant, at the age of 10, sustained very
serious injuries in a motor vehicle accident on 23.6.2000. He,
represented by his father, filed an application for
compensation of Rs.3,50,000/-. Tribunal found that the
accident was caused due to the negligence of the driver of the
vehicle insured by the 3rd respondent Insurance company.
Only dispute is regarding the quantum of compensation.
2. As regards the injuries, Tribunal found as follows:
“Ext.A2 is the true copy of the Accident
Register-Cum-Wound certificate issued from
the Dhanalakshmi Hospital, Kannur. The
details of the injuries noted in it are:-
1. Contusion lateral aspect of left thigh 6 x 5
cms.
MACA.1702/2006 2
2. Fracture shaft of left femur at middle 3rd.
3. Lacerated wound 4 x 4 x 1cm. at occipital
region of head left side.
4. Lacerated wound 1 x = x = cms. on
forehead left side.
5. Contusion forehead right side 4 x 4 x 1cms.
6. Abrasion face above upper lip left side 2 x
2 cms.
7. Abrasion on bridge of nose 1 x 1 cm.
8. Abrasion right knee 2 x 2 cms. anterior
aspect.
9. Linear abrasion at right lower axillary
region 5 cm long.
Ext.A3 series are the Discharge Card issued
from the said hospital. The 1st Discharge Card
is relating to the admission of the petitioner in
the hospital from 23.6.2000 to 6.7.2000. The
second discharge card is relating to the
admission of the petitioner in the hospital
from 21.12.2000 to 26.12.2000. He was
admitted at the second time due to delayed
union of the fracture shaft middle 3rd of left
femur. So he was admitted for implant
insertion. He was admitted for complaints of
pain on left thigh. Open reduction and
internal fixation was done to him at the first
admission. The plate was fixed on his left
thigh. 3rd discharge card is relating to his
admission in the same hospital from
15.5.2002 to 16.5.2002 for removal of
implant. The implant was removed as per the
MACA.1702/2006 3
above discharge card. There were five
reviews on 6.1.2001, 1.2.2001, 2.3.2001,
23.4.2001 and 15.5.2001. Ext.A4 series are
the inpatient bills and medical bills covering
an amount of Rs.32,993/-. Ext.A5 is an
Ambulance Receipt for Rs.250/-. Ext.X1 is the
Disability Certificate issued to the petitioner
by the Medical Board, Government Hospital,
Thalassery after examining him on 23.6.2005.
The disabilities of the petitioner noted in it
are partial ankylosis of the left hip with
limitation of rotation and limb length
discrepancy, causing limping gait. They have
assessed 3% permanent whole body disability
to him as per Mc-Bride Scale.”
Tribunal accepted the above certificate. Taking notional
income of Rs.15,000/- per year and 15 as the multiplier taking
guidelines from the 2nd schedule, an amount of Rs.6,750/- was
granted as compensation for 3% permanent disability. We see
no ground to enhance the same. But due to the injuries, he
lost his studies for one year. No compensation was awarded
for loss of studies. His treatment continued from 23.6.2000 to
15.5.2001. No compensation was awarded for loss of
amenities. He has to suffer the after effects of the permanent
disability through out his life. Hence, we award Rs.10,000/-
MACA.1702/2006 4
as compensation for loss of amenities, loss of studies for one
year and other consequences of disability. The above sum of
Rs.10,000/- should be deposited by the 3rd respondent
Insurance company with 7.5% interest from the date of
application till its deposit over and above the compensation
awarded by the tribunal. On deposit of the above, appellant is
allowed to withdraw the same. Appeal is accordingly partly
allowed.
J.B.KOSHY, JUDGE
THOMAS P. JOSEPH, JUDGE
prp
J.B.KOSHY & THOMAS P. JOSEPH, JJ.
——————————————————–
M.F.A.NO. OF 2006 ()
———————————————————
J U D G M E N T
———————————————————
5th September, 2008