IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 MACA.No. 1320 of 2010() ------------------------------ (O.P.MV.NO.903/2003 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALAKKAD) ........... APPELLANT(S): PETITIONER ---------------------------------- DIVYA (MINOR), D/O.RAJA, RESIDING AT NO.12, VEERAPPAPILLAI COMPOUND, PARIPOORANI STREET KARAKDI P.O., SIVAGANGAI DISTRICT, TAMILNADU. (MINOR APPELLANT REPRESENTED HEREIN BY HER GUARDIAN MOTHER R.KAMATCHI). BY ADVS. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.JIBU P. THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP SRI.NATHAN RESPONDENT(S): RESPONDENTS -------------------------------------- 1. S.SUBBIAH, S/O.SUBRAMANIYAN, PROPRIETOR, M/S.SRI.AYYAPPA COTTAGE INDUSTRIES, VELLAIMMAL LAYOUT, UTHUKAD ROAD, POLLACHI, TAMILNADU. 2. S.P.ALAGAPPA, S/O.SUBRAMANIYAN, RESIDING AT 6, VELLAIMMAL LAYOUT, POLLACHI, TAMILNADU. 3. THE NEW INDIA ASSURANCE COMPANY LTD, 5, RAJA MILL ROAD, POLLACHI, TAMIL NADU. R3 BY ADV. SRI.VIJU THOMAS THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1320 OF 2010 = = = = = = = = = = = = = = = Dated this the 15th day of November, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV) 903/03. The claimant, a 8 year old minor girl, sustained fracture of both bones of the leg and the Tribunal has awarded a compensation of Rs.30,322/-. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant and the insurance company. A perusal of the award would show that the Tribunal has awarded a reasonable compensation under almost all the heads. But the only fact which requires some reconsideration is regarding the loss of amenities and enjoyment in life as well as the difficulty which the claimant would have experienced for some time after the accident. The child sustained M.A.C.A. 1320 OF 2010 -:2:- fracture of both bones of the leg. It is certain that she would have been immobilized for a considerable length of time and at the age when she can run around and play she has been prevented form doing it and certainly later the parents would have also imposed restrictions on her so as to make her completely alright. So taking into consideration all those aspects I grant an additional compensation of Rs.5,000/- making it very clear that she may not be entitled to get interest for that amount from 8.5.08 till 8.3.10. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 7.5% interest on the said sum from the date of petition till 8.5.08 and again from 8.3.10 till realisation from the respondent, insurance company. 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/-