IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 MACA.No. 1208 of 2008() ---------------------------------- OPMV.3/2003 OF PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE O.P.(MV) ----------------------------------------------------------- SUBAIDA (MINOR), AGED 17 YEARS, REPRESENTED BY MOTHER AMINA, AREEKKADU OOKKATH HOUSE, KAKKADAMPURAM, A.R.NAGAR POST, MALAPPURAM, NOW RESIDING AT KEEZHVANAPPADAM, NALLALAM POST, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENTS IN THE OP(MV) ------------------------------------------------------------------ 1. MUHAMMED SHIHAB, S/O.ABDURAHIMAN, AGED 22 YEARS, THOTTIYIL VEEDU, A.E.NAGAR, YARATHUMPADI, MALAPPURAM. 2. THE NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, KORAMBAYIL ARCADE, PANDIKKADU POST, MANJERI, MALAPPURAM. ADV. SRI.E.M.JOSEPH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1208 OF 2008 ===================== Dated this the 29th day of October 2008 JUDGMENT This appeal is preferred against the award of the Prl. Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.3 of 2003. A young girl aged 13 years sustained injuries in a road accident and she has been awarded a compensation of Rs.5,032/-. It is against that decision, the claimant has come up in appeal. 2. Learned counsel for the appellant had made available before me for perusal the wound certificate and the discharge summary. The claimant was admitted in M.K.Haji Orphanage Hospital, Tirurangadi and she had sustained fracture of the clavicle as well as multiple abrasions on the upper lip, face, nose, etc. She was admitted in the hospital on 4.10.2002 and discharged on 7.10.2002. The discharge summary also shows the confirmation of the fracture of the clavicle. Learned counsel would submit that on account of the fracture she had lost one academic year. I am not in agreement with the said submission for the reason that she was treated as inpatient in the hospital for 3 days and there was no further complication MACA 1208/2008 -:2:- and no other document is produced to prove the same. But the fact remains that she had sustained fracture of the clavicle. When a young girl sustains fracture of the clavicle, certainly it would have caused her difficulty, that too when it is in the right hand. So, taking into consideration these aspects, I am inclined to grant Rs.5,000/-as additional compensation. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,000/- with 7% 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/-