IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 MACA.No. 568 of 2003(P) ----------------------- OPMV.180/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER IN O.P(MV): ---------------------------------------------- BABY OF JASMINE, 3 YEARS (MINOR), REPRESENTED BY HER FATHER K.J.SHAJU, S/O. K.J.JOSEPH, AGED 42 YEARS, ADVOCATE, RESIDING AT KALLOLICKAL PUTHENPURA, HOUSE NO.SBP VII/775 A, SULTHAN BATHERY AMSOM AND POST, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. BY ADVS. SRI.M.M.MONAYE SRI.M.PAUL VARGHESE SRI.M.S.BREEZ RESPONDENT(S): RESPONDENTS 1,2 AND 3 IN O.P(MV): ------------------------------------------------ 1. K.P.JOHNY, S/O. PAILY, AGED 25 YEARS, KOCHERI HOUSE, KUPPADI POST, KUPPADI AMSOM, SULTHAN BATHERY TALUK, WAYANAD DISTRICT (DRIVER OF KA-09 M 4167 CAR). 2. JOJO JOSE, S/O. JOSE JOSEPH, KUZHIKULAM HOUSE, NOW RESIDING AT DOOR NO.SBP XI/ 269 PULPALLY ROAD, KUPPADI AMSOM AND POST, SULTHAN BATHERY TALUK,WAYANAD DIST.CARRYING ON BUSINESS UNDER NAME "PIPE HOUSE", NEAR SAGAR THEATRE, S.BATHERY (OWNER OF KA-09 M 4167 CAR). 3. THE NEW INDIA ASSURANCE COMPANY LTD., M.G.T. BUILDINGS, KALPETTA NORTH, KALPETTA AMSOM, WAYANAD DISTRICT (POLICE NO.3176060484640). ADVS. SRI.K.K.VIJAYAKUMAR FOR R1 & R2 SMT.P.K.SANTHAMMA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 568 OF 2003 --------------------------------- Dated this the 10th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Wayanad in O.P.(MV) No.180/2002. A girl child aged one year sustained injuries in a road accident and the Tribunal had awarded compensation of Rs. 21,500/-. It is against that decision the claimant has come up in appeal. The Tribunal has dealt it in para 7 of the award. The learned counsel for the appellant produced the documents for perusal. This small baby at age of one had sustained a fracture of the femur and undergone treatment for 11 days as inpatient. The difficulty of a mother to look after a child when the child sustains a fracture at that age one can be just thought of. The mental agony undergone by the mother wound have been quite tremendous. The Tribunal appears to have applied its mind on almost all heads while awarding compensation. But did not give any compensation for loss of amenities and enjoyment in life. Certainly a document issued by an Ayurvedic doctor would show that the girl has got some limping and she requires continuous massage for few years. It is true that M.A.C.A.No. 568 OF 2003 -2- a fracture of the femur that too at an age, when the child starts walking certainly will cause imbalance which may result in fall and further when the child comes of a playable age there will be restriction imposed on the child not to do so. So there will be definitely loss of amenities for a long time. Therefore I award an amount of Rs. 7,000/- under that head. I award an amount of Rs. 550/- towards bystanders expenses. Therefore the claimant is entitled to get an additional compensation of Rs. 7,550/-. In the result, the M.A.C.A is partly allowed and the claimant is entitled to get an additional compensation of Rs.7,550/- with 7.5% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within 60 days from the date of copy of the judgment. M.N. KRISHNAN, JUDGE vkm