IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1464 of 2007()
1. UMMER BAVA (MINOR), AGED 17 YEARS,
... Petitioner
Vs
1. MOHAMMED SHIHABUDHEEN, S/O. MAMMU,
... Respondent
2. M.P.HYDROSE, S/O. MOHAMMED,
3. THE UNITED INDIA INSURANCE CO. LTD.,
For Petitioner :SRI.P.CHANDRASEKHAR
For Respondent :SRI.P.V.JYOTHI PRASAD
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :21/08/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 1464 OF 2007
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Dated this the 21st day of August, 2008
JUDGMENT
This appeal is preferred against the award passed by the Motor
Accident Claims Tribunal, Manjeri, in OP(MV) 127/02. The claimant, aged
11 years, sustained injuries in a road accident as a result of which he had
suffered fracture of the right femur. The Tribunal awarded a compensation
of Rs.64,158/- out of which Rs.40,308/- represents the medical expenses.
2. Learned counsel for the appellant had given me a copy of
Ext.A7 certificate for perusal. It would show that the boy was initially
admitted in the hospital on 28.9.01 and that open reduction and internal
fixation was done. He was discharged on 11.10.01. As there was failure
of the implant, he was readmitted and internal fixation with bone grafting
was done and discharged on 13.12.01. His fracture was uniting well. The
boy again had a fall and he again sustained a fracture of the same femur.
Internal fixation was done. So it can be seen that the boy had undergone
surgical intervention five times and had a prolonged inpatient treatment.
Even in 2003, he was having pain and restriction of movements. It is
certain that the boy would have been taken to the hospital only in a special
conveyance and would have visited the hospital on innumerable number of
occasions and therefore, I feel that an amount of Rs.1,000/- has to be
MACA No. 1464/07 2
awarded more towards transport expenses. The boy should have suffered
excruciating and agonising pain. Therefore, I enhance the compensation
for pain and suffering by Rs.3,000/-. The Tribunal took the notional
income, accepted the disability of 2%, applied a multiplier of 15 and
granted Rs.4,500/- towards permanent disability. But when a boy aged 11
years sustains fracture of the femur and runs into the trouble by getting
fracture again on account of a fall, it is certain that he would not have been
able to play or enjoy as the children of his age would like to have. Further
even in the day to day activities there would have been difficulties for the
child. Therefore, I award Rs.6,000/- for loss of amenities and enjoyment in
life. Thus, the claimant will be entitled to an additional compensation of
Rs.10,000/-.
In the result, the MACA is partly allowed and the claimant is
entitled to an additional compensation of Rs.10,000/- with 6 % interest on
the said sum from the date of petition till realisation. The Insurance
company is directed to deposit the amount within a period of 60 days from
the date of receipt of a copy of this judgment.
M.N.KRISHNAN, JUDGE
vps
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