IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 MACA.No. 1702 of 2007() ----------------------- OPMV.2634/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: --------------------------- BINCY GEORGE, D/O. GEORGE, REPRESENTED BY HER MOTHER, THE POWER OF ATTORNEY HOLDER, MARIKUTTY, AVIYIL HOUSE, VADAKKNIRAPPU BHAGOM, KATTAMPAKKU KARA, NJEEZHOOR. BY ADV. SRI.P.I.GEORGEKUTTY RESPONDENTS: RESPONDENTS: ------------------------- 1. V. SUKUMARAN, S/O. VELAYUDHAN, THEKKEKUZHIPPALLIL, PALLIPPURATHUSSERY, VAIKOM. 2. BIJU, S/O. DAMODARAN, MAKKAPARAMBIL HOUSE, THELLAKAM,THALAYAZHAM VILLAGE VAIKOM. 3. THE NATIONAL INSURANCE COMPANY LTD., THRIPUNITHURA. BY ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1702 OF 2007 --------------------- Dated this the 28th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam, in OP(MV) 2634/95. The claimant, aged 15 years, sustained injuries in a road accident. The claimant had produced only Ext.A3 wound certificate before the Tribunal which did reveal that she had pain on the right shoulder and tenderness. The Tribunal on the basis of the same, awarded a compensation of Rs.2,500/-. Aggrieved by that decision, the claimant has come up in appeal. 2. Learned counsel for the appellant had shown me a photocopy of the certificate issued by the Doctor of the Government Hospital, Vaikom, which indicates that the claimant was treated as inpatient in the hospital with I.P. No.9325 from 12.12.94 to 23.12.94. The radiological examination revealed the fracture of surgical neck of right humerous. Unfortunately, this has not been brought before the Tribunal and therefore, the Tribunal did not have an opportunity to appreciate the same. I feel since she had sustained a fracture and MACA No. 1702/07 2 treated as inpatient for 12 days, I enhance the compensation for pain and suffering by Rs.3,000/-. Towards fracture, temporary disability and loss of amenities and enjoyment in life, I award a sum of Rs.5,000/-. I also make it clear that the claimant will not be entitled to get any interest from 31.12.02 till 12.9.07 for the reason that the delay has been occasioned on account of her conduct. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.8,000/- with 6 % interest on the said sum from the date of petition till 30.12.02 and from 12.9.07 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. 1702/07 3