High Court Kerala High Court

Jency Johny(Minor) vs N.R.Shiju on 28 June, 2010

Kerala High Court
Jency Johny(Minor) vs N.R.Shiju on 28 June, 2010
       

  

  

 
 
  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.