IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 MACA.No. 24 of 2009(A) -------------------------------- OPMV.144/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .......................................... APPELLANT(S): PETITIONER ----------------------------------------- RAMEESHA, (MINOR) D/O.AYOOB, DATE OF BIRTH 23/05/96,REPRESENTED BY MOTHER RAHIYANATH, W/O.LATE M.A.AYOOB, AGED 34 YEARS RESIDING A KOLLIVAYAL HOUSE, AMBALAKKADU PO KANIHYAMPATTA, WAYANAD. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): RESPONDENT --------------------------------------------- 1. C.PREMACHANDRAN AGED 30 YEARS, CHEERANKUNNATH HOUSE,KOTTATHARA PO KALPETTA, WAYANAD, (DRIVER OF KL.12/6526 (LICENCE NO.W/488/2000 AND PAPER BADGE NO.1910/2000 AUTORIKSHAW). 2. AMEER, S/O.MUHAMMED, POLIKKOTTIL HOUSE NEERCHAL, AMBALAVAYAL POST (OWNER KL.12/6526 AUTORIKSHAW). 3. THE NEW INDIA ASSURANCE COMPANY LIMITED BRANCH OFFICE, MGT BUILDINGS, KALPETTA NORTH,(OWNER KL.12/6526 AUTORIKSHAW). ADV. SRI.K.C.SANTHOSHKUMAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 24 OF 2009 = = = = = = = = = = = = = = = Dated this the 22nd day of September, 2009. J U D G M E N T The claimant in O.P.(MV)144/04 of the Motor Accidents Claims Tribunal, Kalpetta is the appellant before me and she was aged about 7 years at the time of the accident. The Tribunal on a consideration of the materials awarded a compensation of Rs.7,250/- and it is against that decision this appeal is preferred. The learned counsel for the appellant has made available before me the treatment records as well as the disability certificate. The treatment record would reveal that she was admitted in the hospital on 13.11.2002 and discharged on 15.11.2002 and she had a fracture on the left tibia undisplaced and a contusion injury. Plaster cast was applied. Thereafter there was a review again after some days. The disability certificate produced M.A.C.A. 24 OF 2009 -:2:- would show that the claimant had difficulties and pain over the left ankle while squatting and walking over irregular surfaces. There was acromial restriction of ankle movements and knee movements. The doctor has fixed the disability at 5%. It is true that the Doctor has not been examined but it is evident that the girl at the age of 7 years had sustained an undisplaced fracture of the tibia and even in the year 2008 it continued. I feel the disability can be fixed at 3% taking a notional income of Rs.1,250/- and applying a multiplier of 15 the disability compensation would come to Rs.6,750/- and towards loss of amenities and enjoyment, an amount of Rs.2,000/- can be granted. The girl's leg was under plaster cast for a considerable length of time and so I enhance the compensation for pain and sufferings by Rs.1,250/- thereby entitling the claimant to have an additional compensation of Rs.10,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- with 6% interest on the said sum from the date of petition till realisation and the respondent insurance M.A.C.A. 24 OF 2009 -:3:- company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-