IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N. KRISHNAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 MACA.No. 2084 of 2005() ----------------------------------- OPMV.1316/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------- ASHITHA @ NISHA (MINOR), AGED 13 YEARS, REPRESENTED BY HER NEXT FRIEND-GUARDIAN FATHER KUMARAN, PAPPATH HOUSE, MELOOR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV): ----------------------------------------------------------- 1. NIRMALA AYYAPPAN, W/O. AYYAPPAN, MANAPARAMBAN HOUSE, VETTILAPPARA P.O. 2. PRASAD, S/O. AYYAPPAN, MANAPARAMBAN HOUSE, VETTILAPPARA P.O. 3. MANAGER, NEW INDIA ASSURANCE CO. LTD., VELLANIKKARAN BUILDING, IRINJALAKUDA. BY ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vsv M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2084 OF 2005 = = = = = = = = = = = = = = = Dated this the 9th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1316/99. A girl aged 7 years sustained a fracture on the shaft of the femur besides a lacerated wound on the parietal region and abrasion. Initially she was treated as an inpatient from 27.8.99 to 7.9.99, then on 29th and 30th October, 1999 and again on 27.12.99 and 29.12.99. The Tribunal accepted the disability at 7% for which a document was produced showing it as 10%. The Tribunal reduced the disability on account of the fact that it was a united fracture and apparently there would not have been much difficulty. Though the child was aged only seven years, the Tribunal took the notional income for calculating the disability compensation and besides that awarded a sum of Rs.1,500/- towards loss of amenities and enjoyment in life. The Tribunal has awarded only a sum of Rs.5,000/- towards pain and sufferings. There were three M.A.C.A. 2084 OF 2005 -:2:- periods of hospitalisation which has not been adequately compensated and therefore I enhance the compensation for pain and sufferings by Rs.3,000/-. On all other heads the award stands confirmed. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.3,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-