IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 MACA.No. 2040 of 2008(F) ------------------------------------- O.P(MV).NO.239/2003 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI. .................... APPELLANT/ PETITIONER:- ------------------------------------- K.T. SAJNA @ SAJEENA, AGED 18 YEARS, D/O K.I. MAJEED, KANNAMTHODI HOUSE, VALAMBUR P.O., PATTIKKAD (VIA), MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN. RESPONDENT/ 3RD RESPONDENT: -------------------------------------------------- THE NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, KORAMBAYIL ARCADE, PANDIKKAD ROAD, MANJERI. BY ADV. SRI.LAL GEORGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.2040 OF 2008 ===================== Dated this the 9th day of December 2008 JUDGMENT This appeal is preferred against the award in O.P.(MV)No.239 of 2003. The claimant, a minor girl, sustained injuries in a road traffic accident. She was admitted in Moulana Hospital, Perinthalmanna on 11.11.2002 and discharged on 15.11.2002. It is seen that the girl had sustained a cut injury on the right wrist and forehead. Expiration, tendon, nerve repair were done and it is diagnosed as median nerve, FCU, FDS, PL, FCR injuries. The said hospital issued a disability certificate of 16%, but the Tribunal took it only as 5% to fix the compensation. Learned counsel for the appellant had made available before me for perusal a copy of the disability certificate which would show that the young girl had wasting of muscles, loss of sensation and a neuroma on the volar aspect of right wrist. It is true that the claimant did not present herself before the court for examination nor the Doctor was examined to prove the seriousness of the injury. But the fact remains that when there is a cut nerve injury affecting the tendon or exposing tendon there will be hardship and difficulties. MACA 2040/2008 -:2:- Therefore, I enhance the disability from 5% to 7% and also award some amount for loss of amenities and enjoyment in life. When the percentage of disability is increased by 2% and the annual income is taken as Rs.15,000/- and a multiplier of 15 is applied, the disability compensation will go up by Rs.4,500/. Towards loss of amenities and enjoyment in life, I award her Rs.5,000/-, which means that the claimant is entitled to an additional compensation of Rs.9,500/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.9,500/- 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/-