IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 MACA.No. 2544 of 2008(B) ---------------------------------- OPMV.652/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): PETITIONER ------------------------ LIZNA, AGED 16 YEARS, MINOR REPRESENTED BY FATHER SUNNY P.C., PULLOLLIL HOUSE KARACHAAL, PULLIPPADAM P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): 3RD RESPONDENT -------------------------------------------- THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, JASEELA COMPLEX, MANJERI. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2544 OF 2008 = = = = = = = = = = = = = = = Dated this the 3rd day of February, 2009 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)652/04. The claimant, a minor girl aged 12 years, sustained injuries in a road accident and she has been awarded a compensation of Rs.17,300/-. It is against that decision the claimant has come up in appeal for enhancement. 2. Respondent served. Heard. A perusal of the award would reveal that the young girl had sustained a fracture on the nasal bone, fracture on the upper right first incisor besides fracture on both bones of lower left leg. She had produced a disability certificate of 1% and the Tribunal awarded a compensation of Rs.17,300/-. When a young girl sustains a fracture on the nasal bone as well as fracture on both bones of the leg certainly it will result in loss of amenities and enjoyment in life for the reason that she may not be in a position to play with children of her age and at an M.A.C.A. 2544 OF 2008 -:2:- age of running round, movement is curtailed and it would have made her feel very unhappy. So taking into consideration that aspect I am inclined to grant a sum of Rs.5,000/- towards loss of amenities and enjoyment in life. I also find that the girl had been in the hospital for 10 days with a fracture on the nasal bone and fracture of both bones of leg and certainly it should have been under plaster cast for so many months and therefore taking into consideration that aspect I am inclined to enhance the compensation for pain and sufferings by Rs.3,000/- thereby entitling the claimant to have an additional compensation of Rs.8,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/- 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. M.N. KRISHNAN, JUDGE. ul/-