IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 MACA.No. 1439 of 2004() ----------------------- OPMV.1171/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/ PETITIONER IN OP (MV): ----------------------------------- KAVITHA, AGED 18 YEARS, D/O. NAGARAJ, NEAR RAILWAY GATE, PACHAL P.O., THIRUPPATTUR TALUK, NORTH AARKKODE DISTRICT, TAMILNADU. BY ADV. SRI.RANJITH THAMPAN RESPONDENTS/RESPONDENTS IN OP(MV): --------------- 1. M.G. MURUGESHAN, AGED 34 YEARS, S/O. GOVINDAN, MAMARATHOOR, SEMANOOR P.O., MECHEERY, METOOR TALUK, SELEM DIST., TAMILNADU. 2. K. SADASIVAN, S/O. KALIMUTHU, SUMADI PETAI, SATHAPADI P.O., MECHERI TALUK, SELAM DIST. 3. UNITED INDIA INSURANCE CO.LTD., THERICHAMKODE, SELAM DIST., TAMILNADU. R3 BY ADV. SRI.K.KESAVANKUTTY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------ M.A.C.A. No.1439 of 2004 ------------------------------------------------ Dated this the 30th day of March, 2011 JUDGMENT A.K. Basheer, J. The appellant was involved in a road traffic accident in the year 1995. She was aged 8 at that time. She suffered the following injuries: 1. Extensive lacerated wound on the anterior medial aspect of right leg 25X 10 cm in size. 2. Lacerated wound on the dorsel aspect of right foot 7 X 3 cm in size. 3. Grade I compound fracture both bones of left leg. 2. It came on record that skin grafting had to be done on the affected parts of her body. She claimed compensation from the owner, driver and insurer of the vehicle. The Tribunal after considering the oral and documentary evidence adduced on the side of the appellant awarded a sum of Rs.19,300/- with 9% interest as compensation and directed the Insurance Company to pay M.A.C.A. No.1439 of 2004 2 the same. The said award is under challenge in this appeal on the ground that it is too meagre and inadequate. 3. It is seen that the Tribunal has awarded a sum of `.10,000/- under the head of pain and suffering and a sum of `.3,600/- for the disability caused by the accident. An amount of `.2,500 has been awarded towards medical expenses and `.1,250 as by-stander's expense. 4. Keeping in view the entire facts and circumstance and also the nature of the injuries, we are of the view that interest of justice will be met if the appellant is awarded a further sum of `.20,000/- as additional compensation. This amount of additional compensation shall bear interest @ 7.5%. With the above modification in the award, the appeal is disposed of. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. rkc