IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 MACA.No. 332 of 2009() ---------------------- OPMV.117/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN THE O.P.MV: ------------------------------------------------------------------- ASWANI (MINOR),D/O.GEETHA, AGED 17 YEARS, REPRESENTED BY GEETHA MOTHER AND GUARDIAN, KOODERI HOUSE, PARASANNOOR, THAMARASSERY QUARTERS,KUTTIPURAM POST, MALAPPURAM. BY ADVS. MR.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN. RESPONDENT(S): RESPONDENTS IN THE OPMV: -------------------------------------------------------------------------- 1. MOHAMMEDKUTTY, S/O.KUNHIMOHAMMED, MULLAMPARAMBIL, VELIMUKKU, MALAPPURAM. 2. AYYAPPAN.K.S/O.KUNHALAN, AGED 33 YEARS, KOLIAN HOUSE, PANTHEERANKAVU POST,KOZHIKODE 3. THE UNITED INIDA INSURANCE CO.LTD. BRANCH OFFICE,WHITELINES BUILDING, KALLAI ROAD, KOZHIKODE. R3 BY ADV. SMT.P.K.SANTHAMMA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 332 OF 2009 = = = = = = = = = = = = = = = Dated this the 17th day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)117/03. The claimant, a 12 year old girl sustained a fracture on the 2nd meta carpel. She had also sustained fracture of one tooth and there was mobility of another tooth. She was an inpatient for two days. She had expended Rs.2,535/- towards medical expenses. The Tribunal has awarded a sum of Rs.9,185/-. For an young girl with a fracture of tooth with mobility of another tooth would cause some difficulties and similarly the fracture of the meta carpel certainly would have affected her amenities and enjoyment at least for a short period of time. Therefore considering the materials available I enhance the compensation for pain and sufferings by Rs.2,000/- and loss of amenities by Rs.2,000/- thus making an additional compensation of Rs.4,000/-. M.A.C.A. 332 OF 2009 -:2:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,000/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-