IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 MACA.No. 1627 of 2007() ----------------------- (AGAINST THE AWARD DATED 10/04/2007 IN OPMV.788/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI) .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- MUMTHAS, 12 YEARS MINOR, REPRESENTED BY FATHER N.P.MOIDEEN, S/O MOHAMMED, AGED 52 YEARS, NADUVATHAZHATH HOUSE, KADUNGAPURAM, ANGADIPPURAM, MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): 3RD RESPONDENT ----------------------------- THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, JASEELA COMPLEX, NILAMBUR ROAD, MANJERI. ADV. SRI.P.V.JYOTHI PRASAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------- M.A.C.A.No.1627 of 2007 --------------------------------- Dated, this the 30th day of September, 2008 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjery in O.P.(M.V.) No.788/2002. The claimant, a minor girl, sustained injuries in a road accident. She has been awarded a compensation of Rs.11,319/- with 7% interest. The claimant has come up in appeal for enhancement of the same. 2. A perusal of the award would reveal that the minor girl had sustained fracture of the left tibia lower one third. She was in the hospital for two days and plaster cast was applied. The Tribunal has only awarded a sum of Rs.9,000/- towards pain and sufferings and did not award any compensation for temporary disability and loss of amenities and enjoyment in life. The young girl, on account of the fracture, would not have been in a position to play as she wanted, and she should have been deprived of the amenities M.A.C.A.No.1627/2007 -2- and enjoyment, which the girls of her age would have enjoyed. I therefore, grant Rs.5,000/- towards loss of amenities and enjoyment in life. I further award a sum of Rs.1,000/- more towards compensation for pain and sufferings. 3. In the result, the MACA is partly allowed and an additional compensation of Rs.6,000/- is awarded to the claimant with 7% interest on the said sum from the date of petition till date of realisation. The respondent Insurance Company is directed to deposit the said amount within a period of sixty days from the date of receipt of a copy of this judgment. This MACA is disposed of accordingly. (M.N.KRISHNAN, JUDGE) jg