IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No. 1146 of 2008() ----------------------- OPMV.1688/2002 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE O.P. MV. -------------------------------------------------- SUMAYYAM, D/O MYMOONA, AGED 19 YEARS, METTIL VEEDU, PARACHANAPURAYA, OLAKKARA POST, THIRURANGADI VIA, MALAPPURAM. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/ RESPONDENTS IN THE O.P.MV. --------------------------------------------------- 1. ABDUL GAFFUR, S/O BEERAN,DEVAPARAMBIL VEEDU, KUTTIPALA POST, KOTTAKKAL, MALAPPURAM. 2. V.K.UMMER, S/O MOIDEEN, AGED 30 YEARS, VADAKKAYIL HOUSE, KAKKODI POST,KOZHIKODE, 3. THE UNITED INDIA INSURANCE CO.LTD., ARAFA BUILDING, COURT ROAD,MANJERI, MALAPPURAM. ADV. SRI.K.SANDESH RAJA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 1146 OF 2008 --------------------- Dated this the 23rd day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 1688/02, which had been disposed of by a common award along with other cases. The Tribunal has dealt with this case in para.12 of the award. 2. Learned counsel has made available before me the documents produced for perusal. A perusal of the same would reveal that she was admitted in the Pathoor Nursing Home,Chemmad, on 19.4.02 and was discharged on 22.4.02. She had sustained sprain on the right arm and contusion over the ulna head of the left. Radiological examination did reveal that she had sustained fracture on the tip of the ulna styloid for which POP cast was applied. She was aged 13 years at the time of the accident. She had produced medical bills for Rs.750/-. The Tribunal has not really considered the fracture for awarding compensation though it has referred to the same in the award. MACA No. 1146/08 2 3. When a young girl at the age of 13 sustains a fracture of the hand and as her hand was under plaster cast there would have been difficulties for her. She would also have suffered pain when she had sustained a sprain on the right ankle as well. She had also contusion and other injuries which shows that the compensation awarded by the Tribunal is inadequate. Therefore, I am inclined to enhance the compensation by Rs.6,000/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,000/- with 6% interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 1146/08 3