IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 MACA.No. 1890 of 2005(C) ----------------------------------- OPMV.1190/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .............................................. APPELLANT(S):PETITIONER: ---------------------------------------- SAJNA UMMAT, AGED 7 YEARS (MINOR), REP. BY GUARDIAN/NEXT FRIEND MOTHER, AYISHABI, W/O. ABDURAHIMAN UMMAT, KOOTTILANGADI AMSOM, KEERANKUNDU, KOOTTILANGADI P.O., MALAPPURAM DIST. BY ADV. SRI.K.SHIBILI NAHA RESPONDENT(S): RESPONDENTS: ------------------------------------------------ 1. BASHEERULLA, S/O. KUTHABALLAH, VENNIYIL PARAMBATHU HOUSE, KOOTTILANGADI P.O., PARADI (DRIVER-CUM-OWNER). 2. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, UP HILL, MALAPPURAM DISTRICT. ADV. SRI.P.VIJAYA BHANU, SRI.P.VENUGOPAL (1086/92) FOR R1 SRI.N.S.MOHAMMED USMAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1890 OF 2005 = = = = = = = = = = = = = = = Dated this the 7th day of December, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)1190/01. The claimant, a minor girl sustained injuries in a road accident and she has been awarded a compensation of Rs.27,739/- with 6% interest. Dissatisfied with the same the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the Insurance Company. Immediately after the accident she was admitted in KPM Hospital, Malappuram on 27.10.99 and she was operated on the same day and she was discharged on 19.11.99. A perusal of the discharge card would reveal that she had a lacerated wound of 15 x 8 cms. on the left knee and the patella was exposed. She had lost femural condyle exposed joint. Besides this she had injuries on the cheek. A surgery was done on the same day. It is also seen that skin grafting has been done to the girl and M.A.C.A. 1890 OF 2005 -:2:- graft 50% was taken. Then she had continued treatment thereafter also. Learned counsel had made available before me a photograph for perusal which shows some sort of deformity in patella. He has also given me a copy of certificate issued by the school authorities which shows that she had lost one academic year. It has to be stated that both these documents were not produced before the Tribunal and marked. But the facts that the patella was exposed the condyle was lost, all are indicative of the fact that the girl has undergone a prolonged treatment. It is also seen skin grafting was done which meas skin has to be taken from some other part of the body and transferred to the area where the injury is and it may take time for the healing process from where the skin is taken. So really the girl had sustained serious injuries and pain and sufferings. As she was in the hospital for almost 23 days and continued treatment thereafter I enhance the compensation under the following heads. M.A.C.A. 1890 OF 2005 -:3:- 3. Towards pain and sufferings I award a further sum of Rs.3,000/-. Considering the fact that the accident had taken place in the year 1999 I award an amount of Rs.1,000/- more towards transport, extra nourishment and bystanders expenses together. I also feel this is eminently a fit case where an amount of Rs.8,000/- has to be awarded towards loss of amenities and enjoyment in life, disfiguration as well as loss of study of one academic year. Thus the claimant will be entitled to an additional compensation of Rs.12,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.12,000/- with 6% interest on the said sum from the date of petition till realisation and the respondent, 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/-