IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 MACA.No. 1855 of 2009(C) ----------------------- OPMV.24/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): (PETITIONER) -------------------------- MAIMOONA, AGED 20 YEARS,D/O. USMAN, CHANAKKAL HOUSE, PANAMARAM P.O. KARIMBUMMEL, MANANTHAVADY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENT(S): RESPONDENT ------------------------- 1. SHINOJ, AGED 23 YEARS,S/O. THOMAS, PARAKKATTIL HOUSE, PANNIMUNDA, MAILAMPADY P.O. WAYANAD DISTRICT. (DRIVER OF THE GOODS AUTORICKSHAW NO.KL-12A/8148, D.L.NO. NOT KNOWN) 2. ELIYAS, AGED NOT KNOWN S/O. PAULOSE, MADAYIKKAL HOUSE, KUMBLERI P.O. AMBALAVAYAL, WAYANAD DISTRICT (OWNER OF THE GOODS AUTORICKSHAW NO.KL -12A/8148) 3. CHOLAMANDALAM INSURANCE CO.LTD., CHENNAI, (INSURER OF THE GOODS AUTORICKSHAW NO.KL-12A/8148) ADV. SRI.A.T.ANILKUMAR FOR R1 & R2 SRI.A.V.JAMES FOR R1 & R2 SRI.P.DALBI EMMANUEL FOR R1 & R2 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1855 OF 2009 = = = = = = = = = = = = = = = Dated this the 13th day of November, 2009. 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)24/05. The claimant, a 15 year old girl, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.8,700/- and dissatisfied with the same the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the claimant sustained tenderness over the left elbow joint and injuries to the knee. She was diagnosed to have suffered from comminuted fracture on the right tibia. She was admitted on 6.11.04 and she has incurred a medical expenses of about Rs.2,000/-. Considering the fact that she had sustained a fracture on the tibia it goes without saying that at the time of discharge plaster cast should have been applied and she would have become immobilized for a period M.A.C.A. 1855 OF 2009 -:2:- of 6 to 8 weeks. A young girl aged 15 years on account of these injuries had suffered agonizing pain and certainly there would have been loss of amenities and enjoyment in life to her and she would have been not in a position to play or share happiness with the youngsters of her age on account of these injuries which at least had caused temporary disability to her. Therefore taking into consideration these aspects I am inclined to grant Rs.5,000/- more towards pain and sufferings, Rs.6,000/- towards loss of amenities and enjoyment and Rs.1,000/- more towards extra nutritious food, bystanders expenses and transport expenses thus making an additional compensation of Rs.12,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.12,000/- 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/-