IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 MACA.No. 939 of 2004(D) ----------------------------------- (O.P(MV).NO.1551/2000 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR) .................... APPELLANT/PETITIONER: ------------------------------------- MINOR SASITHA, AGED 12 YEARS, REP.BY NER NEXT FRIEND AND GUARDIAN, FATHER, T.K.RAMAKRISHNAN, THALYIL HOUSE, PARUTHIPARA, KUMARANELLUR P.O., THRISSUR DISTRICT. BY ADV. SRI.DILIP J. AKKARA. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. P.S.HAMSA, S/O. SAIDALAVI, PARAKKAL HOUSE, P.O.PALLAM, THRISSUR. 2. ABDUL RASAK S/O. HAMSA, PALIYIL HOUSE, KOOTAKAL, MALAPURAM DISTRICT. 3. UNITED INDIA INSURANCE CO.LTD., REP.BY BRANCH MANAGER, BRANCH OFFICE, MALAPPURAM. R3 BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No.939 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 15th day of July, 2010 JUDGMENT Barkath Ali, J. The appellant, a girl, aged 11, is the claimant in O.P. (MV) No.1551 of 2000 of the Motor Accidents Claims Tribunal, Thrissur. She sustained fracture of middle 1/3 of right clavicle and fracture of surgical neck of right humerus in a motor accident that happened on March 24, 2000 at about 12 noon at Wadakkanchery, Thrissur. 2. According to the claimant, while she was crossing the Thrissur – Shornur road to go to her school at Wadakkanchery, she was knocked down by a jeep bearing registration No. KL-8/D 202, driven by the second respondent. The O.P. was filed by the claimant, represented by her father, claiming a compensation of Rs.1,30,000/-. 3. Respondents 1 to 3 are the owner, driver and insurer of the offending jeep. The first respondent did not contest the matter. No relief was claimed against the second respondent. The third respondent, insurer of the MACA 939/2004 2 offending jeep, admitted the policy. 4. Exts. A1 to A8 (series) were marked on the side of the claimant. No evidence was adduced by the respondents. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.25,800/- with interest at the rate of 6% p.a. from the date of petition till realization and cost. The claimant has now come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the second respondent, driver of the offending jeep, is not challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.25,800/-. Break up of the compensation awarded is as under:- MACA 939/2004 3 Transport to hospital : Rs. 1,000/- Extra nourishment : Rs. 1,000/- Damage to clothing : Rs. 3,00/- Expenses for treatment : Rs. 1,500/- and by-standers. Pain and suffering : Rs.12,000/- Disability and loss of amenities : Rs.10,000/- ------------------ Total : Rs.25,800/- ======= 9. The learned counsel for the appellant sought enhancement of compensation for disability caused and for the loss of amenities and enjoyment in life and on other heads. 9. The Tribunal awarded a compensation of Rs.10,000/- for the disability caused and for the loss of amenities and enjoyment in life. Taking into consideration the serious nature of the injuries sustained by the claimant, we feel that a compensation of Rs.20,000/- would be reasonable on this count. Thus, the claimant is entitled to an additional compensation of Rs.10,000/- on this count. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. MACA 939/2004 4 10. In the result, the claimant is found entitled to an additional compensation of Rs. 10,000/-. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. She is entitled to interest @ 7.5% p.a. from the date of petition till realization for the compensation already awarded by the Tribunal and also for the enhanced compensation. She is also entitled to proportionate cost. The third respondent being the insurer of the offending jeep shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. The award of the Tribunal is modified to the above extent. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn