IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 872 of 2008()
1. UMESH, AGED 14 YEARS, MINOR APPELLANT
... Petitioner
Vs
1. UNITED INDIA INSURANCE CO. LTD,
... Respondent
For Petitioner :SRI.P.SAMSUDIN
For Respondent :SMT.K.C.BEENA
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :12/11/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.872 OF 2008
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Dated this the 12th day of November 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Tirur in O.P.(MV)No.292 of 2005. The claimant, a 11
year old boy sustained injuries in a road accident. A perusal of the medical
records would reveal that he was treated in Haji Orphanage Hospital for
contusion on the left knee and contusion on the head. He was admitted in
the hospital on 1.4.2000 and discharged on 2.4.2000. The Tribunal awarded
a global amount of Rs.7,000/- as compensation. The claimant has produced
a disability certificate of 1% which was issued by the Medical Board fixing
the disability at 1%. Exts.A7 and A8 also relate to some complaints of
epilepsy. When 1% is the disability and as the boy was only a minor,
applying the notional income of Rs.15,000/-, which when multiplied with
15 the compensation would be Rs.2,750/-. For the agony undergone by the
boy, I award him Rs.2,250/-, which makes an additional compensation of
Rs.5,000/-.
In the result, MACA is partly allowed and the claimant is entitled to
MACA 872/2008 -:2:-
an additional compensation of Rs.5,000/- with 6% interest on the said sum
from the date of petition till realisation and the insurance company is
directed to deposit the amount within 60 days from the date of receipt of a
copy of this judgment.
M.N.KRISHNAN, JUDGE
Cdp/-