IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 MACA.No. 461 of 2007(D) ------------------------------ AGAINST THE ORDER DATED 17/07/2006 IN OPMV. 180 /2005 IN OPMV.181/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/PETITIONER. ---------------------------------- SABANAM, MINOR, AGED 10 YEARS, REP. BY MOTHER K.T.SHANIMOL, W/O.MUHAMMEDALI, CHIRAYIL HOUSE, P.O.KUDALLOOR. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: RESPONDENTS. -------------------------------------- 1. P.P.ABDUL SATHAR, S/O.P.P.MOIDU HAJEE, PULIKKAPALLI MANJAYALIL HOUSE, P.O.KOODALLUR, ANAKKARA. 2. LATHIF, S/O.ABOOBACKER, KAKKATTIL HOUSE, THALAKKASSERY, PUNNAYURKULAM, TRICHUR DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LTD., PRANAVAM, MELE PATTAMBI, PATTAMBI. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 461 OF 2007 = = = = = = = = = = = = = = = Dated this the 6th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV)181/05. The claimant, a six year old minor girl sustained fracture on the tibia and the Tribunal awarded a compensation of Rs.5,460/-. It is against that decision, the present appeal is preferred. 2. A perusal of the award would reveal that the claimant had sustained a fracture on the lower end of the tibia, contusion over the bridge of the nose. He had undergone treatment in a hospital at Edappal. I find that the Tribunal has awarded grossly inadequate amount as compensation. For a minor girl who had sustained injuries on the tibia and whose leg has been under plaster cast, the compensation awarded for pain and sufferings, loss of amenities etc. appears to be totally inadequate. Even if there is no permanent disability there would have been M.A.C.A. 461 OF 2007 -:2:- temporary disability and loss of amenities and the girl would not have been in a position to play or mix with the children of her age and therefore this is a fit case where I award a sum of Rs.7,000/- for pain and sufferings and Rs.5,000/- towards loss of amenities and enjoyment in life. When it is so after deducting Rs.3,500/- already given, the claimant will be entitled to an additional compensation of Rs.8,500/- under that head. Similarly, on account of the fracture it is certain that the mother would not have been in a position to do any work for some days and the other amounts awarded are also very nominal which requires enhancement by Rs.1,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.9,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.9,500/- with 6% 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/-