IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 MACA.No. 2454 of 2008() ---------------------------------- OPMV.8/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER ------------------------ SMITHA ARAVIND.K., AGED 19 YEARS, D/O.ARAVIND, KALLUNGAL HOUSE, THRISSLERY P.O., MANATHAVADY TALUK. BY ADV. MR.N.J.ANTONY RESPONDENT(S): RESPONDENTS -------------------------- 1. SUKUMARAN, S/O.VELAYUDHAN, AGE NOT KNOWN, ELETTIKAL VEEDU, ARANAPARA, THRISSLERY P.O., MANANTHAVADY TALUK. (DRIVER OF JEEP KL-12A/4538). 2. BALAKRISHNAN NAIR, S/O.KUNHIKRISHNAN NAIR, KIZHAKKEMUNIYIL, ARANAPARA, THRISSLERY P.O., MANANTHAVADY TALUK. (OWNER OF JEEP KL-12A/4538). 3. UNITED INDIA INSURANCE COMPANY, KALPETTA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.2454 OF 2008 ............................................. Dated this the 17th day of September, 2009 J U D G M E N T Notice to R1 is dispensed with as the policy is admitted. 2. This is an appeal preferred against the award of the Claims Tribunal, Kalpetta in OP(MV)No.8/2002. The claimant, a 19 year girl student, sustained injuries in a road accident and the Tribunal has awarded her a compensation of Rs.7,750/= with 6% interest. it is against that award, the claimant has come up in appeal. 3. I feel the Tribunal has gone wrong in determining the compensation. A perusal of the documents referred to by the Tribunal itself would show that the claimant sustained lacerated wound on the right lower limb and also a fracture of tibia. She was admitted in the hospital on 3.12.2001 and discharged on 11.12.2001. I feel that the Tribunal went wrong in awarding a very nominal compensation of Rs.5,000/= for pain and sufferings. When a 19 year old young lady sustained a fracture of the tibia certainly her : 2 : M.A.C.A.NO.2454 OF 2008 leg would be under plaster cast for a considerable period of time and her day to day activities should have been curtailed and there would have been severe pain. So taking into consideration all these aspects, I award Rs.5,000/= more towards pain and sufferings and Rs.5,000/= towards loss of amenities and enjoyment in life. Then the additional compensation would come to Rs.10,000/=. 4. In the result, the appeal is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/= with 6% interest from the date of the petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 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.2454 OF 2008