IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 MACA.No. 2132 of 2005() ----------------------- OPMV.400/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT/PETITIONER ---------------------------------- AYSATH SABEENA @ SABEENA, AGED 14 YEARS, D/O.ABDUL KHADER, R/AT MIHRAJ MANZIL, CHERIYA ALAMBADY, ALAMBADY POST, KASARGOD TALUK AND DIST., (MINOR REPRESENTED BY GUARDIAN FATHER ABDUL KHADER RESIDING AT MIHRAJ MANZIL, CHERIYA ALAMBADY, ALAMBADY P.O., KASARGOD. BY ADV. SRI.M.SANTHOSHKUMAR RESPONDENTS/RESPONDENTS: -------------------------------------- 1. HARIKUMARAN.S., S/O.SIVASANKARAN, HARI NILAYAM, PAREAPALLA, THIRUVANANTHAPURAM. 2. E.TITUS, UDAYAM, PUTHUKULANGARA, UZHAMADUKKAL, NEDUMANGAD, THIRUVANANTHAPURAM. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., RAMAKRISHNA BUILDING, THIRUVANANTHAPURAM. ADV. SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2132 OF 2005 --------------------- Dated this the 25th day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kasaragod, in OP(MV) 400/02. The claimant, a young girl aged 11 years, sustained injuries in a road accident. It is revealed from para.83 of the award that she had sustained cerebral concussion and also deformity of the left arm with fracture of arm bone. Medical bills for Rs.8,868/- were produced. The Tribunal had consolidated that amount with the inpatient treatment for 5 days and awarded a sum of Rs.10,000/- and towards pain and suffering an amount of Rs.8,000/-. 2. It is true that the claimant being a minor girl, there would not have been any loss of earning capacity for her. But, it is a fact that she had a cerebral concussion and a fracture of the humerous with deformity of the arm bone and it would have caused her excruciating pain. Therefore, I enhance the compensation for pain and suffering by Rs.2,000/-. Necessarily, this injury would have caused her temporary loss of amenities and enjoyment in life atleast MACA No. 2132/05 2 for sometime. Taking into consideration that aspect, I award a sum of Rs.5,000/- under that head. Therefore, the claimant will be entitled to an additional compensation of Rs.7,000/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,000/- with 7 % interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 2132/05 3