IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 MACA.No. 935 of 2009() -------------------------------- OPMV.1348/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/PETITIONER ------------------------------------ ANILA ANTONY, D/O. ANTONY, OTTAKKANDATHIL HOUSE, KAVARAPARAMBU, NAYATHODE.P.O. BY ADV. MR.V.V.NANDAGOPAL NAMBIAR RESPONDENTS/RESPONDENTS --------------------------------------------- 1. BIJU VARGHESE, S/O.VARGHESE, THACHUPARAMBIL HOUSE, III/32,. NEAR RAILWAY STATION, WEST CHALAKUDY. 2. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, CITY HEIGHTS BUILDINGS, SOUTH JUNCTION, CHALAKUDY. R2 BY ADV. MR.P.JAYASANKAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.935 OF 2009 ............................................. Dated this the 16th day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Perumbavoor in OP(MV)No.1348/2002. The claimant sustained injuries in a road accident on 19.1.2002 and sustained lacerated wound on the left knee, abrasion on the right knee and contusion on the scalp. She was initially admitted in a hospital on 19.1.2002 and discharged on 23.1.2002. Again she was readmitted after two years on 21.4.2004 and discharged on the next day. It is seen that she had hyper tropic painful scar on the knee region. So, the fact remains that the injury appears to be not of a serious nature but the young girl at the age of 15 had undergone pain for such a length of time. Even in 2004, she had been taken to the hospital in connection with the injury sustained to the knee. Therefore, I feel in the fitness of things compensation for pain and sufferings can be increased by Rs.3,000/== and towards loss of amenities by Rs.2,000/= making an additional compensation of : 2 : M.A.C.A.NO.935 OF 2009 Rs.5,000/=. But, for the inordinate delay caused in filing the appeal, interest cannot be directed to be paid by the insurance company. 2. Therefore, MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/= with 7% interest from the date of the petition till the date of the award passed by the Tribunal and from the date of filing the appeal namely 7.4.2009 till realisation and the insurance company is directed to deposit the said amount within 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.935 OF 2009