IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 MACA.No. 1707 of 2004() ----------------------- OPMV.617/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANTS/PETITIONERS --------------------------------------- 1. ANI, D/O. VIJAYANDRAN (MINOR) THALACHIRA ERAM P.O., RANNY TALUK, PATHANAMTHITTA DISTRICT. 2. VIJAYANDRAN, S/O. RAGHAVAN, POOKOTTU HOUSE, THALACHIRA ERAM P.O., RANNY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT/RESPONDENT ----------------------------------------- VASUDEVAN, S/O. KRISHNAN, VAYARAN MARUTHICAL HOUSE, RANNY-PERUNADU VILLAGE, RANNY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.V.S NAMPOOTHIRY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1707 OF 2004 --------------------- Dated this the 6th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Pathanamthitta, in OP(MV) No.617/95. The 1st appellant aged 15 years had sustained fracture of both bones of the leg and was admitted in the hospital for a period of 14 days. POP cast was applied. The Tribunal awarded a compensation of Rs.7,500/-. It is against that decision the present appeal is preferred. 2. It is true that the accident is of the year February 1995. Therefore one cannot decide the question of compensation taking into consideration the present trend. But even then, the fact remains that the compensation awarded is grossly inadequate. When a minor girl child sustained a fracture and when she was in POP treatment, she cannot move and certainly there will be loss of amenities and enjoyment in life for her. These injuries have to be taken into consideration. Therefore, towards loss of amenities and enjoyment in life, I award a sum of Rs.5,000/- and make it as the enhanced compensation. MACA No.1707/04 2 Therefore, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,000/- with 7 % interest on the said sum from the date of petition till realisation from the respondent. 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