IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 MACA.No. 314 of 2004() ---------------------- OPMV.1187/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------ SUDHA (MINOR), AGED 17 YEARS, D/O. MURUGAN, REPRESENTED BY NEXT FRIEND GUARDIAN MOTHER, SARASAMMA, VADAKKEPARAMBIL HOUSE, CHENGALOOR P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS 1 TO 3 IN OP(MV): --------------------------------------------------------------------- 1. MANAGING DIRECTOR, TAMIL NADU PACKING INDUSTRIES, 3 ANNA STREET, SREENIVASA NAGAR, PADI, MADRAS-600 050. 2. M.SIVAKUMAR, S/O. MARANDAI, MOTTUR NEW PILLAYAR KOIL STREET, VELLOORE. 3. NEW INDIA ASSURANCE CO., BRANCH NO.710901, PLOT NO.C.33, 2ND AVENUE, NEXT TO POST OFFICE, ANNA NAGAR WEST, MADRAS-600 040. BY ADV. SRI.A.C.DEVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.A.C.A.No.314 of 2004 ------------------------------------------------- Dated, this the 5th day of February, 2008 JUDGMENT The appellantsustained injuries in a motor vehicle accident. She was a minor at that time. She filed Original Petition claiming compensation impleading owners, drivers and insurers of both the vehicles. Tribunal found that the accident occurred due to the rash or negligent driving of the second respondent driver and an amount of Rs.16,000/- was awarded as compensation. Complaining inadequacy of compensation awarded this appeal is filed. 2. Appellant was nine years old on the date of accident. She sustained fracture to both bones left forearm. There was contusion forehead. The disability certificate produced shows that there was a mild degree of limitation of movement of flextion and extension of left elbow. She has persistent post traumatic head ache also. Doctor who issued the disability certificate was examined as PW4. Considering all aspects of the matter I am of the view that the amount awarded for pain and suffering, disability, loss of amenities, discomfort, etc is very meagre. Considering all aspects of the matter I am of the view that at least an amount of Rs.20,000/- more ought to have been awarded on the above heads. So the appellant is entitled to an additional compensation of Rs.20,000/- with 7.5% interest per annum from the date of petition till the date of realisation. In the result, appeal is allowed in part. An award is passed in favour of the MACA No.314/2004 2 appellant authorising her to recover an amount of Rs.20,000/- as additional compensation with 7.5% interest per annum from the date of petition till the date of realisation. Third respondent insurer is directed to deposit the amount. K. PADMANABHAN NAIR, JUDGE. cks