IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 MACA.No. 1374 of 2006(D) ------------------------------ OPMV.2185/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ----------------------------------- ARCHANA (MINOR), REPRESENTED BY HER NEXT FRIEND AND GUARDIAN, K. VINAYACHANDRAN, KOTTAMANGALATH PUTHENPURAYIL HOUSE, LAKKATTOR KARA, KOOROPPADA VILLAGE, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: RESPONDENTS: ------------------------------------- 1. P.B. GIRISH, PARUTHUMPARAYIL HOUSE, CHELLARKOIL P.O., KUMALY, IDUKKI. 2. STEPHEN A., PUTHENPURACKAL HOUSE, K.CHAPPATH P.O., AIYYAPPANKOIL P.O., IDUKKI. 3. UNITED INDIA INSURANCE CO. LTD. KOCHI. BY ADV. SRI.C.S.MANILAL FOR R2 SRI.C.KHALID FOR R1 SRI.R.O.MUHAMED SHEMEEM FOR R1 SMT.K.C.BEENA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1374 OF 2006 = = = = = = = = = = = = = = = Dated this the 1st day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)2185/01. A minor girl aged 7 years sustained injuries in a road accident. She had sustained a comminuted fracture on her leg besides injuries on the head. The X-ray would reveal that she had not suffered a fracture on the skull but she had a fracture on the femur of the leg. The Tribunal has awarded reasonable compensation on almost all the heads but did not grant any compensation for permanent disability or loss of amenities and enjoyment in life. When a child has sustained a serious fracture on the femur and her leg has been under plaster cast for a considerable number of days, certainly it would have prevented the child from playing or enjoying the way in which she wants and it will always cause her loss of confidence in the years to come. So, though no disability certificate is produced, these aspects also may have to be M.A.C.A. NO. 1374 OF 2006 -:2:- taken into consideration while awarding compensation. I feel this is a fit case where an amount of Rs.7,000/- can be awarded under the head of loss of amenities and enjoyment in life. Therefore the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/- 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/-