DIVYA Vs. S SUBBIAH

JUDGEMENT

(1.) THIS appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV) 903/03. The claimant, a 8 year old minor girl, sustained fracture of both bones of the leg and the Tribunal has awarded a compensation of Rs.30,322/-. It is against that decision the claimant has come up in appeal for enhancement.

(2.) HEARD the learned counsel for the appellant and the insurance company. A perusal of the award would show that the Tribunal has awarded a reasonable compensation under almost all the heads. But the only fact which requires some reconsideration is regarding the loss of amenities and enjoyment in life as well as the difficulty which the claimant would have experienced for some time after the accident. The child sustained fracture of both bones of the leg. It is certain that she would have been immobilized for a considerable length of time and at the age when she can run around and play she has been prevented form doing it and certainly later the parents would have also imposed restrictions on her so as to make her completely alright. So taking into consideration all those aspects I grant an additional compensation of Rs.5,000/- making it very clear that she may not be entitled to get interest for that amount from 8.5.08 till 8.3.10.