IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 MACA.No. 280 of 2009() ---------------------- OPMV.1815/2000 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ ATHIRA,AGED 12 YRS,(DATE OF BIRTH 23.7.1996),MINOR, REPRESENTED BY FATHER BALAN, THECKETHODIYIL HOUSE, P.O.ARAKKINAR,MARAD BEACH, KOZHIKODE. BY ADV. MR. P.S.SREEDHARAN PILLAI MS. C.G.PREETHA MR. MATHEWS P.MATHEW MS. P.RANI DIOTHIMA MR. ANEISH RAVINDRA RESPONDENT(S): RESPONDENTS -------------------------- 1. M.K.VINURAJ, MAPPILAYANI HOUSE,V/133- KOYARITHAZHAM, P.O.ERANHIPALAM, CALICUT. 2. JAYANARAYANAN, S/O.SREEDHARAN NAIR, AGED 26 YRS, PUTHENVEEDU HOUSE, P.O.PUNPALA, VANDOOR, MALAPPURAM. 3. NATIONAL INSURANCE CO.LTD,DIVISION OFFICE 11,P.B.BUILDING, NEAR ARAYIDATHUPALAM, CALICUT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- M.A.C.A. No. 280 OF 2009 -------------------------------------------------- Dated this the 19th day of February, 2009 J U D G M E N T Petitioner, a minor, who met with an accident on 28.6.2000 at about 6.45 p.m. when jeep KL-10/A 9511 in which she along with others were proceeding from Beypore to Koyilandy, at Pookkad hit on mini lorry KCE 4006 which came from opposite direction and sustained injury, is challenging the award passed by Motor Accident Claims Tribunal, Kozhikode in O.P(MV) 1815 of 2000. That O.P.(MV) was tried along with several other O.P.(MV) filed by the co-passengers and legal heirs of the deceased in that accident. The Motor Accident Claims Tribunal awarded a compensation of Rs.2,500/- with interest at 7% to the appellant and third respondent, insurance company, was directed to deposit the same. The appeal is filed contending that the compensation awarded is insufficient. 2. Appellant had claimed Rs.75,000/- as compensation through her father, the guardian. Ext.A1 wound certificate does not show any external injury. Ext.A2 patient's name and index MACA. 280/2009 2 card issued from Institute of Maternal and Child Health, Kozhikode also does not establish any external or internal injury. Learned Motor Accident Claims Tribunal, in such circumstances, awarded Rs.2,500/- as compensation taking into consideration the pain and suffering as well as the incident expenses, which might have incurred by the parents. In such circumstances I find no reason to enhance the compensation as sought for in this case. Appeal is dismissed. M. SASIDHARAN NAMBIAR, JUDGE okb