IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 MACA.No. 910 of 2005() ---------------------- OPMV.1291/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT ------------ LINCY PAUL (MINOR), AGED 13 YEARS, D/O.POULOSE, REPRESENTED BY HER GUARDIAN-FATHER POULOSE, KUNNATH HOUSE, MATTATHURKUNNU P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: ------------- 1. MARY LONAPPAN, W/O.LONAPPAN, NJAREKKADAN HOUSE, POTTA P.O. 2. SHAJAN, S/O.LONAPPAN, NJAREKKADAN HOUSE, POTTA VIA, VAZHAKUNNU. 3. UNITED INDIA INSURANCE CO.LTD., IRINJALAKUDA. BY ADV. SRI.P.JOSHY JOSE FOR R1 & R2 SRI.T.J.IGNATIOUS FOR R1 & R2 SRI.M.S.PATTALI FOR R3 SRI.K.J.KURIACHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------- M.A.C.A.No.910 of 2005 ------------------------------- Dated this the 30th May, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda, in O.P.(MV) No.1291/1997. A minor girl aged 5 years sustained a fracture of the frontal bone with diffused cerebral oedma, and she was admitted in the Elite Mission Hospital, Thrissur, and had undergone treatment for a period of one week as in-patient. Tribunal has awarded a total compensation of Rs.21,672/=. 2. The learned counsel appearing for the appellant submitted before me that the court below was wrong in deducting Rs.2000/=, additional bill amount charged, from the total amount. This Court cannot interfere at this stage, because it is something which has to be specifically proved. But at the same time, it is clear that the injured minor girl had sustained a very serious fracture with oedma on the head and certainly it would have affected her very badly for at least for some length of time. Therefore, on the head of loss of MACA No.910/2005 2 amenities and enjoyment in life, I am inclined to enhance the compensation of Rs.3000/=. I do not find any reason to modify the amount awarded on other counts. In the result, the appeal is allowed in part. An award is passed allowing the appellant to recover an amount of Rs.3000/= as additional compensation from the third respondent, Insurance Company, with 7% interest from the date of petition, till the date of realisation. The third respondent is directed to deposit the above amount in favour of the appellant within 60 days from today. On deposit, the appellant can withdraw the amount. M.N.KRISHNAN, JUDGE nj.