IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1707 of 2004()
1. ANI, D/O. VIJAYANDRAN (MINOR)
... Petitioner
2. VIJAYANDRAN,
Vs
1. VASUDEVAN, S/O. KRISHNAN,
... Respondent
For Petitioner :SRI.V.PHILIP MATHEW
For Respondent :SRI.S.SANTOSH KUMAR (PERUNAD)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :06/06/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 1707 OF 2004
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Dated this the 6th day of June, 2008
JUDGMENT
This appeal is preferred against the award passed by the
Motor Accident Claims Tribunal, Pathanamthitta, in OP(MV)
No.617/95. The 1st appellant aged 15 years had sustained fracture
of both bones of the leg and was admitted in the hospital for a period
of 14 days. POP cast was applied. The Tribunal awarded a
compensation of Rs.7,500/-. It is against that decision the present
appeal is preferred.
2. It is true that the accident is of the year February 1995.
Therefore one cannot decide the question of compensation taking
into consideration the present trend. But even then, the fact remains
that the compensation awarded is grossly inadequate. When a minor
girl child sustained a fracture and when she was in POP treatment,
she cannot move and certainly there will be loss of amenities and
enjoyment in life for her. These injuries have to be taken into
consideration. Therefore, towards loss of amenities and enjoyment
in life, I award a sum of Rs.5,000/- and make it as the enhanced
compensation.
MACA No.1707/04 2
Therefore, the MACA is partly allowed and the claimant is
entitled to an additional compensation of Rs.5,000/- with 7 % interest
on the said sum from the date of petition till realisation from the
respondent. The Insurance company is directed to deposit the
amount within a period of 60 days from the date of receipt of a copy
of this judgment.
M.N.KRISHNAN, JUDGE
vps