IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 MACA.No. 2026 of 2009() ------------------------------------ OPMV.468/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): (PETITIONER) -------------------------- SHAHINA, AGED 20 YEARS, D/O.MOIDU, MAKKANDY KUNINGARATH HOUSE, KUNCHOME P.O., MANANTHAVADY TALUK, WAYANAD DISTRICT. BY ADV. MR.N.J.ANTONY RESPONDENT(S): (RESPONDENTS) ---------------------------- 1. RAJU, AGED 34 YEARS, S/O.KUMARAN, CHERPPINKAL HOUSE, CHEEYAMBAM, PULPALLY. (DRIVER OF THE BUS NO.KL-13B/4167. D.L.NO.NOT KNOWN). 2. K.P.SUNNY, AGE NOT KNOWN, S/O.PAILY, KURMOLOTH HOUSE, VALLUVADY POST, S.BATHERY. (OWNER OF THE BUS NO.KL-13B/4167). 3. NATIONAL INSURANCE CO.LTD., KALPETTA. (POLICY NO.501602/31/04/630551, VALID FROM 24/05/04 TO 23/05/2005. R1 & R2 BY ADV. MR JIJO PAUL R3 BY ADV.MR.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING CIME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2026 OF 2009 = = = = = = = = = = = = = = = Dated this the 8th day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)468/04. A 15 year old girl sustained injuries in a road accident and the Tribunal has awarded her a compensation of Rs.39,250/-. It is against that decision the claimant has come up in appeal before this Court. 2. Heard the learned counsel for the claimant as well as the insurance company. A perusal of the treatment records would reveal that the claimant had suffered a fracture on the femur and she had undergone surgery and K- nail was fixed. She was admitted in the hospital on 10.7.04 and discharged on 2.8.2004 and thereafter again readmitted on 8.2.06 for removal of nail and discharged on 12.2.206 which means that she had undergone inpatient treatment for a period of 28 days. The multiplier as per Sarala Varma's M.A.C.A. 2026 OF 2009 -:2:- case (2009 ACJ 1298(Sarala Varma v. Delhi Transport Corporation) is 18. Now when the standard income of Rs.15,000/- is taken with an additional multiplier of 3, the additional compensation for disability would be Rs.3,750/-. For 28 days hospitalisation bystanders expenses come to Rs.2,800/- out of which only Rs.1,000/- is granted. So the additional compensation of Rs.1,800/- has to be awarded. Similarly for a long period of hospitalisation of 28 days coupled with the plaster cast, pain and sufferings compensation awarded is only Rs.5,000/- which has to be enhanced by Rs.5,000/- more. Certainly when a girl aged 16 or 15 years had to undergo surgery with implantation and as the leg was under plaster cast she would have suffered loss of inconveniences and loss of amenities in life. I award Rs.4,450/- for the same thus making an additional compensation of Rs.15,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of M.A.C.A. 2026 OF 2009 -:3:- Rs.15,000/- 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/-