IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 MACA.No. 1927 of 2005() ----------------------- OPMV.564/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/PETITIONER: -------------------------------------- GREESHMA, D/O. RAJENDRAN, AGED 10 YEARS (MINOR), REPRESENTED BY NEXT FRIEND AND NATURAL GUARDIAN MOTHER BEENA, W/O. RAJENDRAN, VENATTUSSERIL (H), MUNDIERUMA KARA, PAMPADUMPARA VILLAGE. BY ADV. SRI.P.V.PAULSON SRI.BENNY JACOB RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. ANIL KUMAR, S/O. PEETHAMBARAN PILLAI, JAYALAKSHMI VILASAM VEETTIL, BALAGRAM KARA, KARUNAPURAM VILLAGE. 2. SHEIK ISMAIL, ALAMKULAM (H), MANNARY P.O., PAIPRA - MUVATTUPUZHA. 3. UNITED INDIA INSURANCE COMPANY LTD., MUVATTUPUZHA. BY ADV. SRI.P.MURALEEDHARAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1927 OF 2005 ===================== Dated this the 26th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)No.564 of 2002. The claimant, a young girl aged 10 years sustained fracture of the clavicle and contusion on top of head and chest. She was treated in the hospital as an inpatient for a period of 7 days. The Tribunal awarded a compensation of Rs.14,000/- towards pain and suffering besides medical expenses, by stander expenses, etc. thereby totalling Rs.19,080/-. The fact that she was treated as an inpatient in the hospital for 7 days coupled with the agony which the girl had undergone on account of the fracture of the clavicle, etc. requires further compensation at least for the purpose of loss of amenities and enjoyment in life. When there is fracture on the hand as well as on the leg, certainly there is difficulty for the person at least for a temporary period. Therefore I feel this is a fit case taking into consideration the compensation given for pain and suffering, an additional amount of Rs.6,000/- is granted towards loss of amenities and enjoyment in life. To that extent, the appeal is MACA 1927/2005 -:2:- partly allowed. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,000/- with 7% interest on the said sum from the date of petition till realisation. The insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-