IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 MACA.No. 2063 of 2008() ------------------------------------- OPMV.1175/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): /PETITIONER IN THE OP(MV) ---------------------- AISWARYA RAJ, D/O.PADMARAJAN.C, AGED 8 YEARS,(MINOR), REP.BY FATHER PADMARAJAN, KAYAKKAMPOYIL HOUSE, VENNAKKADU, P.O.KODUVALLY, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN THE OP(MV) --------------------------- 1. JAYAPRAKASH NARAYANAN, H.S.NO.111/416 A, PRAG, AYIMINDA, P.O.MARADU, ERNAKULAM. 2. MANOJ, S/O.VASUDEVAN, AGED 35 YEARS, PUTHUSSERY HOUSE, EROOR,P.O., ERNAKULAM. 3. UNITED INDIA INSURANCE CO.LTD, W/ISLAND, HANDICRAFTS BUILDING, I.G.ROAD, W/ ISLAND, ERNAKULAM. ADV. SRI.THOMAS ANTONY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/01/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.2063 OF 2008 ===================== Dated this the 22nd day of January 2009 JUDGMENT This appeal is preferred against the award of the Prl.Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.1175 of 2003. The claimant, a minor girl sustained injuries in a road accident and she has been awarded a compensation of Rs.16,000/-. It is against that decision, the present appeal is filed for enhancement. 2. Heard the learned counsel for the appellant and perused the records. It can be seen from the treatment records that the claimant a young girl sustained Grade I compound fracture of both bones of right leg and she was admitted in the hospital from 15.10.2002 to 23.10.2002. It also shows that her leg was under plaster cast for a long time and it was found that the fracture had united. There is also a disability certificate issued by a medical board fixing the disability at 2%. I feel considering the age of the small child and the agony she had undergone, the compensation for pain and suffering has to be enhanced by Rs.3,000/-. So far as loss of amenities and enjoyment is concerned, it has to be stated that the young child was unable MACA 2063/2008 -:2:- to play or mix with children of her choice for a considerable length of time and the fear also would have developed in the mind of the child which would result in unhappiness. Therefore I feel an amount of Rs.5,000/- can be awarded under that head and thereby the claimant will be entitled to an additional compensation of Rs.8,000/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.8,000/- with 7.5% 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/-