IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2308 of 2007()
1. FINU FAVAS K.K., S/O. RAFEEQUE,
... Petitioner
Vs
1. K. ABDUL MAJEED, S/O. ABOOBACKER,
... Respondent
2. MADHUSOODHANAN, S/O. VASU NAIR,
3. THE NEW INDIA INSURANCE CO. LTD.,
For Petitioner :SRI.K.M.FIROZ
For Respondent :SRI.P.JAYASANKAR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :01/12/2008
O R D E R
M.N. KRISHNAN, J
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M.A.C.A.No. 2308 OF 2007
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Dated this the 1st day of December, 2008
JUDGMENT
This appeal is preferred against the award of the Principal
Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.27/2000.
The claimant, a young boy, sustained injuries in a road accident and
the tribunal awarded a compensation of Rs. 18,500/-. It is against
that decision the claimant has come up in appeal for enhancement.
2. Heard the learned counsel for the appellant as well as the
Insurance Company. The learned counsel for the Insurance
Company had made available before me for perusal, the wound
certificate issued by the Medical College Hospital, Kozhikode. It
would reveal that the boy had sustained fracture on the left femour,
loss of four incisors and an incised wound of 2 cms. He was treated
as inpatient from 17.8.99 to 24.8.99 and plaster cast was applied.
The tribunal itself has stated in the award that the boy had a
shortening of limb by 3 cms. But unfortunately he had produced
disability certificate of 1%. Even if it is 1% and notional income is
fixed Rs. 15,000/- per annum which when multiplied by an
appropriate multiplier of 15 would come to Rs. 2,250/- under the
M.A.C.A. No. 2308/2007
-2-
head of permanent disability. Similarly sustainment of a serious
fracture on the femur which had resulted in shortening of leg by 3
cms., would have deprived the boy from playing at that age and he
may also have minimum deformity. Therefore I feel it is a fit case
an additional amount of Rs. 6,000/- has to be awarded for loss of
amenities. The boy had sustained loss of four incisors and such
injury would have forced him to take liquid nutritious food for
recovery. It is true that milk teeth may go and new teeth would
come. But taking into consideration all the aspects I award a sum
of Rs. 1,750/- for loss of teeth and for nutritious food. Thereby
making an additional compensation of Rs. 10,000/-.
In the result, the M.A.C.A is partly allowed and the claimant is
awarded an additional compensation of Rs. 10,000/- with 6%
interest on the said sum from the date of petition till realisation.
The 3rd respondent Insurance Company is directed to deposit the
same within 60 days from the date of receipt of copy of the
judgment.
M.N. KRISHNAN,JUDGE
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