IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 MFA.No. 171 of 2002() --------------------- OPMV.167/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT IN MFA:PETITIONER IN OP: ------------------------------------------------------------ AYISHABI, AGED 18 YEARS, S/O.KUNHIMOHAMMED, OTHPURAKKAL HOUSE, THURAKKAL, MANJERI POST, MALAPPURAM DISTRICT. BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.) SRI.K.JAYAKUMAR RESPONDENTS IN MFA/ RESPONDENTS IN OP: ---------------------------------------------------------------------- 1. KOLOMTHODU MUHAMMED SHAFI, S/O.MUHAMMEDKUTTY HAJI, NARUKARA, VEEMBUR(DRIVER). 2. N.P.KUNHIMOHAMMED, S/O.ALAVI, NELLIPARAMBAN HOUSE, KARAKUNNU, MALAPPURAM DISTRICT (OWNER) 3. THE NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, KORAMBAYIL ARCADE, PANDIKKAD ROAD, MANJERI. BY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. -------------------------- M.F.A. No. 171 OF 2002 --------------------- Dated this the 26th day of May, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Manjeri, in OP(MV) No.167/99. A minor girl aged 15 years got involved in an accident and she had sustained fracture of the left tibia and fracture of the right clavicle and other injuries. The medical board has assessed the disability at 7%. The Tribunal has awarded a total compensation of Rs.40,000/-. The court below has awarded Rs.15,750/- for loss of earning power. It can be seen that the girl had suffered a fracture of the clavicle as well as the tibia. The board then found that both the fractures were malunited and calculated the disability at 7%. The medical board contained an Ortho Surgeon as well. On account of these fractures, the girl must have suffered very severe pain and I feel the court below should have atleast granted Rs.10,000/- as compensation for pain and sufferings. Therefore, I allow an additional sum of Rs.2,500/- on that head. Towards disability Rs.6,000/- is seen awarded. Being a girl who had sustained a malunited fracture on MFA NO.171/02 2 both the tibia and clavicle and as she has to get married it may affect her little bit and therefore under that head, I award an amount of Rs.2,500/- more. Therefore the claimant will be entitled to an additional compensation of Rs.5,000/-. In the result the appeal 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 from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from today. M.N.KRISHNAN, JUDGE vps MFA NO.171/02 3 MFA NO.171/02 4