IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 MACA.No. 2242 of 2009() ---------------------------------- OPMV.224/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER ------------------------ ANEESSA, D/O. MOIDUTTY, MINOR, AGED 16 YEARS, CHEENAVEEDAN, CHERUKATTOOR POST, MANANTHAVADY, REPRESENTED BY HER NEXT FRIEND, GUARDIAN AND FATHER, MOIDUTTY, S/O. ABDULLA, CHEENAVEEDAN, CHERUKATTOOR POST, MANANTHAVADY. BY ADV. MR.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): RESPONDENTS -------------------------- 1. GIREESH, S/O. RAMACHANDRAN NAIR, PUTHANPURACKAL HOUSE, AMARAKUNI POST, PADICHIRA. 2. PATHROSE T.O., S/O. OUSEPH, PESHAMKATTIL HOUSE, CHETTAPPALAM, MULLANKOLLY. 3. NEW INDIA ASSURANCE COMPANY LTD., KALPETTA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2242 OF 2009 ............................................. Dated this the 11th day of February, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kalpetta in OP(MV)No.224/2005. The claimant a 12 year old girl at the time of the accident sustained injuries and the Tribunal has awarded a compensation of Rs.19,000/= with 6% interest. It is against that decision, the claimant has come up in appeal. 2. Though notice had been served in the delay petition as well as in the appeal, the insurance company has not entered appearance. Heard the learned counsel for the appellant. A perusal of the award would reveal that the claimant had sustained fracture of ulna with dislocation of the radial head. She was treated as inpatient from 28.3.2005 and discharged on 1.4.2005 and she had expended a sum of Rs.12,210/= towards medical expenses. She was readmitted on 23.4.2007 and discharged on 25.4.2007. 3. I find that the tribunal has not awarded reasonable : 2 : M.A.C.A.No.2242 OF 2009 compensation for pain and sufferings and nothing is seen awarded towards loss of amenities and enjoyment in life. Considering the nature of the fracture with dislocation, I am inclined to enhance the compensation for pain and sufferings by Rs.3,000/= and certainly on account of the application of plaster cast and most probably on account of the implantation, there would have been temporary disability, loss of amenities and enjoyment and I award a sum of Rs.4,000/= under that head making an additional compensation of Rs.7,000/=. The interest awarded is only 6% whereas the apex court in the year 2006 had found that considering the inflationary rates, the probable interest that can be granted is 7.5% per month. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/= with 7.5% interest from the date of petition till the realisation and 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 and also to pay interest at the rate of 7.5% per month on the sum of Rs.19,000/= as well. : 3 : M.A.C.A.No.2242 OF 2009 Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.2242 OF 2009