IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 MFA.No. 909 of 2002(E) --------------------------------- O.P.(MV).NO.1725/1993 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT/ PETITIONER: -------------------------------------- VALSALA K., AGED 28 YEARS, D/O. LATE KOCHUKUNJU, VATTAVILA VEEDU, ENATHU MURI, KOTTARAKKARA NOW RESIDING AT KONATHU PUTHEN VEEDU, KIZHAKKUPURAM, KADIKA, THAIPARAMBU,EZHAMKULAM,ADOOR,PATHANAMTHITTA DIST. BY ADV. SRI.ALEXANDER GEORGE. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. RAMANUJAN KURUP, S/O. GOPALAPILLAI, KIZHOOTTU VEEDU, AYYANKOYIKAL MURI, ENATHU VILLAGE, KOTTARAKKARA. 2. D.SUGATHAN, S/O.DHAMODHARAN VAIDYAN, CHEMPUKASSERY HOUSE, KOKADU, KOTTARAKKARA. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, KIZHAKKADATHU BUILDING, II FLOOR, MAIN ROAD, PATHANAMTHITTA. BY ADV. SMT.K.C.BEENA - R3. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 26/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.F.A.NO. 909 OF 2002 = = = = = = = = = = = = = = = Dated this the 26th day of May 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Punalur in OP(MV) 1725/93. A girl aged 14 years sustained a fracture on the right fibula with loss of two teeth and had undergone a treatment for a period of three days as an inpatient and later as an out-patient. The Tribunal awarded a total compensation of Rs. 12,000/- as compensation. It is against that decision the present appeal is preferred. 2. Heard the counsel for both sides. It is true that very many documents are not available to precisely fix the compensation. But the facts remain that a girl aged 14 years has lost two teeth as well as sustained fracture of the fibula. She had also undergone treatment for some time. Therefore taking into consideration these aspects I feel this is a fit case where compensation for pain and sufferings can be increased by Rs.3,000/-, transport expenses and ancillary expenses by MFA 909 2002 -2- another Rs.1,000/- and loss of amenities and enjoyment in life by another Rs.1,000/- or in other words the petitioner will be entitled to an additional compensation of Rs.5,000/-. Therefore, the MFA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- 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 today. M.N. KRISHNAN, JUDGE. ul/- MFA 909 2002 -3- M.N. KRISHNAN, J. = = = = = = = = = = M.F.A. No. 909 OF 2002 = = = = = = = = = = = J U D G M E N T 26th May, 2008.