IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 MACA.No. 2940 of 2009() ----------------------- OPMV.244/2008 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S)/ 3RD RESPONDENT IN OP: ------------------------------------------------------------ THE MANAGER, NATIONAL INSURANCE CO.LTD, THODUPUZHA BRANCH, REPRESENTED BY AUTHORISED SIGNATORY, NATIONAL INSURANCE CO.LTD., REGIONAL OFFICE, M.G.ROAD, ERNAKULAM. BY ADV. SMT.SARAH SALVY RESPONDENT(S)/ PETITIONER: --------------------------------------------- 1. ANUMOL SCARIA (MINOR), D/O.SCARIA, REPRESENTED BY NEXT FRIEND SCARIA, MADATHIL HOUSE, THIDANADU KARA, KONDOOR VILLAGE. 2. JOSEKUTTY, S/O.OUSEPH, VATTAMATTATHIL HOUSE, KONIPPADU, ERUMAPRA KARA, MELUKAVU VILLAGE, MELUKAVU P.O. 3. T.K.SHYAMKUMAR, THOTTAPPALLIL HOUSE, POONJAR SOUTH P.O. ADV. SRI.MATHEW JOHN (K) FOR R1 SRI.AJEESH K.SASI FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2940 OF 2009 ............................................. Dated this the 10th day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Pala in OP(MV)No.244/2008. A young girl, aged 11 years at the time of the accident, sustained serious injuries and the Tribunal has awarded a compensation of Rs.57,100/= with 9% interest. Challenging the amount awarded as well as the interest, the insurance company has come up in appeal. It had taken permission under Section 170 of the Motor Vehicles Act to contest the claim. 2. I had gone through para 9 of the award. It is very clear from the award that the child had sustained a crush injury on the left ankle and there was fracture of the tibia and fibula. She had undergone a prolonged hospitalisation of 30 days. On account of the plaster cast applied certainly she should have been advised to take rest. The only head under which I feel a little reduction to be made is towards by standers expenses. I fix it Rs.100/= per day and for 30 days’ hospitalization, I grant Rs.3,000/=. It is true that amount is awarded for loss of study days, compensation for : 2 : M.A.C.A.No.2940 OF 2009 loss of earning power and loss of maintenance. It is true that there cannot be any loss of earning power for the young girl. A situation will arise when a child is unable to go to the school. She may have to recoup at a later stage and that will cause her difficulty. So also when a young girl of 11 years suffers a crush injury with fracture of the tibia and fibula, for at least one year the girl may not be able to play at all at a stage where she would like to play and where she would like that her freedom is not restricted. So the compensation granted at the rate of Rs.8,000/= and Rs.4,000/= cannot be said to be on the higher side. 3. Therefore I modify the award by reducing a sum of Rs. 3000/= under the head of bystanders expenses. So far as the interest is concerned, through out the State interest is ranging from 6% to 8.5%. In 2006, the Apex court considered an inflationay rate and held that 7.5% interest would be reasonable. Now time has changed and therefore I am inclined to make it as 8% and therefore the award is modified by reducing the amount from Rs.57,100/= to Rs. 54,100/= and the interest from 9% to 8% from 20.4.2000 : 3 : M.A.C.A.No.2940 OF 2009 till realization. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl