IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 MACA.No. 361 of 2004() --------------------------------- OP(MV) NO.2151/1993 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD. ..... APPELLANT/PETITIONER IN OP(MV), ---------------------- BHAVYA, `DIVYA NIVAS', KINASSERRY, PALAKKAD DIST. (11 YEARS OLD MINOR AT THE TIME OF FILING OP(MV), REPRESENTED BY FATHER GUARDIAN, NARAYANANKUTTY, SHE ATTAIND MAJORITY, WHICH HAS BEEN RECORDED BY CLAIMS TRIBUNAL). BY ADV. SRI.RAGHU PRADEEP NAIR SMT.JYOTHILAXMI VENUGOPALAN NAIR SRI.K.A.SREEJITH SRI.SREELAL N.WARRIER RESPONDENTS: RESPONDOENTS IN OP (MV): ------------------------ 1. V.SACHIDANANDAN, FATHER'S NAME AND AGE NOT KNOWN, MARUTHADIKALAM, THATHAMANGALAM P.O.,PALAKKAD DIST. (OWNER OF MOTOR CYCLE KRP 9722). 2. THE NEW INDIA ASSURANCE CO. LTD., CHITTUR, PALAKKAD DIST. (INSURER OF MOTOR CYCLE KRP 9722 VALID FROM 17-04-1992 TO 16-04-1993). 3. SRI.PURUSHOTHAMAN, S/O. VELUMASTER, MARUTHADIKALAM, KOOMANKADU, THATHAMANGALAM,, CHITTUR TALUK, PALAKKAD DIST. (DRIVER OF THE MOTOR CYCLE KRP 9922) (SUPPL: AMENDED AS PER ORDER ON IA-3200/99 DATED 23-10-1999). BY ADV. SRI.A.K.MADHAVAN UNNI - 1&3. SRI.M.JACOB MURICKAN - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 361 OF 2004 = = = = = = = = = = = = = = = Dated this the 20th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)2151/93. The claimant, a 11 year old girl, sustained a lacerated wound on the lips, multiple abrasions on both legs and contusions on the forehead. It is further seen that she was treated as an inpatient from 26.12.92 to 4.1.93, i.e. for a period of 9 days. The Tribunal has awarded a compensation of Rs.2,850/-. Considering the period of hospitalization, i.e. the length of treatment and the wound suffered by the claimant on the lips which would have prevented her from taking even proper food for some time, I am inclined to enhance the compensation by Rs.2,150/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.2,150/- with 7% interest on the said sum from the date of petition till realisation and the 2nd respondent, insurance M.A.C.A. 361 OF 2004 -:2:- 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/-