IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 MACA.No. 958 of 2010() ---------------------------- OPMV.347/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S)/PETITIONER. --------------------------------- SONA (MINOR), D/O.SURESH, UTTUMADATHIL HOUSE, PULLAZHI, THRISSUR, REPRESENTED BY HER FATHER SURESH. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S): RESPONDENT ------------------------------------- 1. BRISON V.J., S/O.JOSE, VELIYATH HOUSE, NEAR PULLAZHI CHURCH, OLARI, PULLAZHI, THRISSUR-1. (DIRVER OF AUTO RICKSHAW NO.KL9/J-2104.) 2. BREENA V.J., D/O.JOSE, VELIYATH HOUSE, PULLAZHI,THRISSUR-1. 3. UNITED INDIA INSURANCE CO. LTD, SIMLA COMPLEX, KURUPPAM ROAD, THRISSUR, POLICY NO.100606/31/05/02/00019611. VALID FROM 14.02.2006 TO 13.2.2007. R3 BY ADV. SRI.P.SANKARANKUTTY NAIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 958 OF 2010 = = = = = = = = = = = = = = = Dated this the 28th day of October, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottappalam in O.P. (MV)347/07. The claimant, a 8 year old girl, sustained injuries in a road accident and the Tribunal awarded her a compensation of Rs.17,150/-. Dissatisfied with the same she has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would show that the claimant had sustained a fracture of the fibula on the left leg. She was admitted on 17.1.07 and discharged on 19.1.07. She had expended a sum of Rs.1,700/- towards medical expenses. The Tribunal has granted a reasonable compensation on almost all heads but it requires improvement in the case of pain and sufferings as well as loss of amenities. M.A.C.A. 958 OF 2010 -:2:- Being a young girl aged 8 years and as the fracture is on the leg certainly it would have affected her mobility for a long time though she was an inpatient in the hospital for 9 days. The girl would not have been able to play with the children of her age and she would have been deprived of taking part in other activities. So taking into consideration these aspects I enhance Rs.2,000/- more for pain and sufferings and Rs.3,000/- more for loss of amenities and enjoyment in life. In the result the MACA is allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 8% 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/-