Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN FRIDAY, THE 26TH DAY OF JULY 2013 4TH SRAVANA, 1935 MACA.No. 1172 of 2007 ( ) -------------------------- AGAINST THE AWARD IN OPMV 2853 2002 of MACT, THRISSUR, DATED 06 04-2006 APPELLANT/CLAIMANT: ------------------------------------- KARISHMA M.M.,(MINOR)13 YEARS, REP BY HER MOTHER & LEGAL GUARDIAN DAISY W/O.MICHALE M.F.MELEDATH HOUSE, NEAR N.S.SCHOOL CHERIIR, VILVATTOM, THRISSUR. BY ADV. SRI.RAJIT RESPONDENT(S)/RESPONDENTS: ---------------------------------------------------- 1. BABY,N.L.S/O.ISSAC, NALLIKUNNEL HOUSE, VARIKULAM, MADAKKATHARA THRISSUR.
2. O.M.VASUDEVAN,OORALATH HOUSE, NEDUPUZHA, THRISSUR.
3. THE ORIENTAL INSURANCE CO.LTD.,B02,KPN SHOPPING COMPLEX, OPP.THIRUVANBADY TEMPLE SHORNOOR ROAD, THRISSUR, P.NO.5095/2002. R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN & K.RAMAKRISHNAN, JJ.
================== M.A.C.A.No. 1172 of 2007 ================== Dated this the 26th day of July, 2013 JUDGMENT
S.Siri Jagan, J.: The appellant herein is a minor girl, who was eight years old at the time of a motor accident caused by the negligent driving of a vehicle driven by the 1st respondent, owned by the 2nd respondent and insured with the 3rd respondent, in which, she suffered serious injuries. She filed O.P.(M.V).No.2853/2002 before the Motor Accidents Claims Tribunal, Thrissur, claiming compensation for the injuries and consequent disability suffered by her in the accident. The Tribunal, after finding negligence on the part of the driver of the vehicle, awarded compensation under various heads as follows: Amount Head of claim awarded ` 1 Treatment expenses 2,000.00 2 Extra nourishment 2,500.00 3 Damage to clothing 500.00 4 Treatment expenses 95,500.00 5 Bystander expenses 9,000.00 6 Pain and suffering 35,000.00 7 Disability 45,000.00 8 Loss of amenities 25,000.00 9 Disfiguration 20,000.00 Total 234,500.00 - :
2. :- Dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant has filed this appeal seeking enhanced compensation.
2. The contention of the appellant is that the compensation awarded under all the heads is on the lower side. It is submitted that the appellant had, at a tender age, undergone very serious trauma on account of the injuries in the accident. She was hospitalised for six months. She had undergone five surgeries. She has suffered 22% permanent disability certified by the doctor, who gave evidence in support of the same also. In view of the said facts, the compensation for bystander's expenses, pain and sufferings and disability is on the lower side is the contention made.
3. We have heard the learned standing counsel for the insurance company also.
4. The Tribunal has correctly fixed the income of the minor girl as ` 15,000/- per annum. The Tribunal has also accepted 20% disability out of the 22% disability certified by the doctor, for the purpose of calculating loss of earning capacity. The correct multiplier also has been adopted. In the above - :
3. :- circumstances, we are not inclined to interfere with the compensation awarded for disability. But we find that since the poor girl was hospitalised for six months and undergone five surgeries, she is entitled to some more amount towards bystander's expenses. We enhance it to ` 20,000/- from ` 9,000/-. We are also of opinion that the compensation awarded for pain and sufferings is on the lower side. We enhance it to ` 50,000/- from ` 35,000/-. We are not inclined to enhance the compensation under the other heads. Consequently, the appellant would be entitled to additional compensation of ` 26,000/- over and above what has been awarded by the Tribunal. This amount would carry interest at the rate of 9% per annum from the date of the claim petition till date of payment. The additional compensation awarded shall be deposited in a fixed deposit drawing interest in a nationalised bank, the interest accrued in which, shall be disbursed to the father of the appellant, who is the guardian of the child, for the maintenance of the child. After obtaining majority, the appellant is free to approach the Tribunal for disbursal of the amount showing appropriate reasons. - :
4. :- The appeal is disposed of modifying the impugned award of the Tribunal, as above. Sd/- S.SIRI JAGAN, JUDGE Sd/- sdk+ K.RAMAKRISHNAN, JUDGE ///True copy/// P.A. To Judge.