IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 M.A.C.A.No. 2061 of 2005(C) ----------------------- OPMV.10/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/PETITIONER: -------------------------------------- ATHIRA, D/O. JAYAPRAKASH, AGED 6 YEARS (MINOR), REPRESENTED BY HER NEXT FRIEND AND NATURAL GUARDIAN, JAYAPRAKASH T.V., THONIKUZHY, PUTHENPURAYIL, CHEMMANNAR P.O., KANTHIPARA VILLAGE, IDUKKI DISTRICT. BY ADVS. SRI.P.V.PAULSON SRI.BENNY JACOB RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. SATHEESH, S/O. KUMARAN, NEDIYANKAL HOUSE, CHEMMANNAR KARA, KANTHIPARA VILLAGE, IDUKKI DISTRICT. 2. V.A. BASHEER, VATTAKKUNNEL, AVOLY P.O., MUVATTUPUZHA. 3. UNITED INDIA INSURANCE COMPANY LTD., PERUMBAVOOR. BY ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vkm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2061 OF 2005 --------------------- Dated this the 13th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thodupuzha, in OP(MV) 10/04. A minor girl, aged 6 years, sustained injuries in a road accident. She had suffered fracture of the clavicle as well as nasal bone. She was treated as inpatient in the hospital for eight days and thereafter also continued treatment as outpatient. The inured was referred to the ENT Surgeon for treatment of the fracture of nasal bone and deformity of nose. It is true that no disability certificate is produced and therefore the Tribunal did not grant her any compensation. But considering the factum of deformity of the nose and fracture of the clavicle, the claimant should be awarded Rs.3,000/- towards discomforts, inconvenience and loss of amenities and enjoyment in life suffered by her. The Insurance Company was ordered to be reimbursed as the driver did not produce the driving licence and there was a charge sheet for driving the vehicle without the licence. The driver did not appear before this court as well. MACA No. 2061/05 2 In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.3,000/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. Insurance Company is also entitled to recover this amount from the owner of the vehicle, as ordered by the Tribunal. M.N.KRISHNAN, JUDGE vps MACA No. 2061/05 3