IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 MACA.No. 1427 of 2005() ---------------------------------- OPMV.1358/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- MINTU @ MINTU MATHEW, D/O. MATHEWKUTTY, AGED 11 YEARS, REPRESENTED BY FATHER MATHEWKUTTY, VADAKKEPARAMBIL, NARANGAMOOLA, PALANKARA P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. ANIL, 43 YEARS, S/O. PEETHAMBRA PANICKER MANGALAMPARAMBIL HOUSE, THEYYATHUMPADAM, KAVUKAD, EDAKKARA P.O. (DRIVER OF TRACTOR KL 10-C/178). 2. MOHAMED ABDUL RAHMAN, S/O. MOIDEENKUTTY, VALLUVANKUNNU PULPETTA P.O., MANJERI. (OWNER). 3. THE UNITED INDIA INSURANE CO.LTD., HOSPITAL ROAD, NILAMBUR P.O. BY ADV. SRI.T.J.LAKSHMANAN IYER - R3 SRI.T.GOPALAKRISHNAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1427 OF 2005 = = = = = = = = = = = = = = = Dated this the 19th 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, Manjeri in O.P.(MV)1358/00. The claimant, a 6 year old girl sustained a fracture on the pelvis, avulsion left pinna and also complaint of pain on the hip. She was inpatient in a hospital for nine days and the Tribunal awarded a compensation of Rs.12,650/-, taking he disability at 2%. 2. Notice to R1 is dispensed with, R2, the owner has not entered appearance and the insurance company is represented. It is seen that the Tribunal has not awarded any amount for medical expenses. The girl was in he hospital for a period of four days and treatment certificate etc. had been produced before the Court. In all the cases one shall not insist for production of bills and therefore at least a minimum amount of Rs.1,000/- has to be awarded under that head. So far as pain and sufferings are concerned MACA 1427 OF 2005 -:2:- only an amount of Rs.7,000/- is granted for the fracture of the pelvis and avulsion on the left pinna I enhance it by Rs.1,000/- more. No amount is seen granted for loss of amenities and enjoyment in life which I fix at Rs.3,000/- . Therefore the claimant will be entitled to an additional compensation of Rs.5,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 7% 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. The insurance company is given right to recover it from the 2nd respondent, owner by way of execution of the same award. M.N. KRISHNAN, JUDGE. ul/-