IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1208 of 2008()
1. SUBAIDA (MINOR), AGED 17 YEARS,
... Petitioner
Vs
1. MUHAMMED SHIHAB, S/O.ABDURAHIMAN,
... Respondent
2. THE NATIONAL INSURANCE CO.LTD.,
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent :SRI.E.M.JOSEPH
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :29/10/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.1208 OF 2008
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Dated this the 29th day of October 2008
JUDGMENT
This appeal is preferred against the award of the Prl. Motor Accidents
Claims Tribunal, Kozhikode in O.P.(MV)No.3 of 2003. A young girl aged
13 years sustained injuries in a road accident and she has been awarded a
compensation of Rs.5,032/-. It is against that decision, the claimant has
come up in appeal.
2. Learned counsel for the appellant had made available before me for
perusal the wound certificate and the discharge summary. The claimant was
admitted in M.K.Haji Orphanage Hospital, Tirurangadi and she had
sustained fracture of the clavicle as well as multiple abrasions on the upper
lip, face, nose, etc. She was admitted in the hospital on 4.10.2002 and
discharged on 7.10.2002. The discharge summary also shows the
confirmation of the fracture of the clavicle. Learned counsel would submit
that on account of the fracture she had lost one academic year. I am not in
agreement with the said submission for the reason that she was treated as
inpatient in the hospital for 3 days and there was no further complication
MACA 1208/2008 -:2:-
and no other document is produced to prove the same. But the fact remains
that she had sustained fracture of the clavicle. When a young girl sustains
fracture of the clavicle, certainly it would have caused her difficulty, that
too when it is in the right hand. So, taking into consideration these aspects,
I am inclined to grant Rs.5,000/-as additional compensation.
Therefore 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 and the insurance company is
directed to deposit the amount within 60 days from the date of receipt of a
copy of this judgment.
M.N.KRISHNAN, JUDGE
Cdp/-