IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 MACA.No. 1666 of 2009() ----------------------- OPMV.2358/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE APPELLANT(S): PETITIONER: ------------------------- HARSHILA (MINOR) AGED 14 YEARS, DATE OF BIRTH 14.10.95, REP.BY HER FATHER AND LEGAL GUARDIAN ABBAS, RESIDING AT NEERUTTIKKAL HOUSE, P.O.ANAKKAMPOYIL, THIRUVAMBADY (VIA), KOZHIKODE DISTRICT. BY ADV. SRI.V.S.CHANDRASEKHARAN RESPONDENTS: --------------- 1. ABDUL HASEEB P.K., AGE NOT KNOWN RESIDING AT PULIYULLAKANDIYIL HOUSE, P.O.R.E.C., KOZHIKODE. 2. SIBY PAUL, S/O.PAUL, AGED 34 YEARS, RESIDING AT PADINHARAKKOTTU HOUSE, MUTHAPPANAPUZHA, P.O.THIRUVAMBADY, KOZHIKODE. 3. UNITED INIDA INSURANCE COMPANY LTD., VELIMANNA BUILDING, MAIN RAOD, THAMARASSERY. ADV. SMT.S.JAYASREE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = M.A.C.A. No. 1666 OF 2009 = = = = = = = = == = DATED THIS, THE 17TH DAY OF AUGUST, 2010. J U D G M E N T This is an appeal preferred against the award of the Principal Motor Accidents Claims Tribunal, Kozhikode, in O.P. (M.V.) 2358 of 2004. A minor girl aged nine years sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs. 13,000/-. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the Insurance Company. The learned counsel for the appellant had made available to me the treatment records relating to the case. A perusal of the wound certificate would reveal that two teeth were broken and en rooted and there was Grade-3 mobility with respect to three teeth. She was referred to the Medical College Hospital, Kozhikode and she was treated as an inpatient there for a period of three days. There was nasal bleeding and wiring was done in order to correct the mobility of the teeth. There was also a little cerebral concussion. I find from the award of the Tribunal that it has given reasonable amount under some heads; but a slight enhancement is necessary and towards 'pain and suffering' I am inclined to grant MACA 1666/2009 2 Rs. 3,000/- more as the girl had almost six teeth affected besides the cerebral concussion. Certainly, both these injuries would have resulted in loss of amenities for some time for which I award Rs. 2,000/- thereby making an additional compensation of Rs. 5,000/- (Rupees five thousand). In the result, the appeal is allowed in part and the claimant is awarded an additional compensation of Rs. 5,000/- (Rupees five thousand only) with 7% interest from the date of petition till realization and the Insurance Company is directed to deposit the amount within sixty days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, (JUDGE) KNC/-