IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 MFA.No. 1222 of 2002 OPMV.1859/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY APPELLANT: PETITIONER: ---------------------- RAMEEZA (MINOR), REP. BY MOTHER V.N.ASMA, D/O. MOOSSA, ASMA MANZIL, P.O. MATTANNUR. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: RESPONDENTS: ------------------------ 1. P.P.VIJAYAN, S/O. CHATHU, SOMA PADMA PETROL BUNK, VEERAJPETTA P.O. 2. K.P.SOOPPI HAJI, S/O. MOIDEEN, HANEEF MANZIL, P.O. VARAM. 3. THE NATIONAL INSURANCE COMPANY LIMITED, P.B.NO.40, BANK ROAD, KANNUR. R3 BY ADV. SRI.LAL GEORGE R2 BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.M.K.SUMOD SRI.KAUSER EDAPPAGATH THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.T.SANKARAN, JJ. ---------------------------------------------------- M.F.A. NO. 1222 OF 2002 E ---------------------------------------------------- Dated this the 19th March, 2008 JUDGMENT J.B.KOSHY, J. The appellant/claimant, at the age of nine, sustained serious injuries in a motor accident. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company. The Tribunal also found that the driver of the vehicle had no valid driving licence. Therefore, in view of the violation of the policy conditions, third respondent was directed to deposit the amount first and then recover the same from the insured. The owner or insured did not file any appeal. The only dispute is regarding the quantum of compensation. 2. The appellant sustained serious injuries in the accident and has hospitalized for five days. Ext.A4 CT Scan report shows that there was extra cranial soft tissue swelling around right orbit. Ext.A5 scan report shows that on right eye there is a possible fracture of lateral wall of orbit and root of orbit seen with soft tissue lesion in the superior quadrent of the orbit causing proptosis and on left eye also there was mild enhancement of the lesion and impression was that fractures of lateral wall and root of right orbit with haematoma in right superior quadrent. There was also inflation of right superior rectus muscle and incidental right mastoiditis. The medical board certified 30% permanent disability. The Tribunal did not accept the disability as disability certificate was issued after five years. But, even after five years the permanent disability will not disappear. The Tribunal did not award any compensation for disability. M.F.A.NO.1222 OF 2002 :: 2 :: The total compensation awarded including medical expenses, pain and suffering etc. was only Rs.12,950/-. Even though 30% permanent disability was certified and eye was affected, considering that she was only a student and considering the totality of evidence, we are not granting compensation on multiplier method, but in view of the injuries, we are of the opinion that an additional compensation of Rs.10,000/- should be awarded for disability and loss of future earning power. Therefore, the appellant is entitled to an additional compensation of Rs.10,000/-. The additional amount of Rs.10,000/- should be deposited by the third respondent insurance company with 7.5% interest from the date of application till realisation. The third respondent insurance company is allowed to recover the same from the insured in view of the violation of the policy condition. Since the accident occurred in 1995, on deposit of the amount, the claimant is allowed to withdraw the same. The Miscellaneous First Appeal is allowed partly. (J.B.KOSHY) Judge (K.T.SANKARAN) Judge ahz/ J.B.KOSHY & K.T.SANKARAN, JJ. -------------------------------------------- ------------------------------------------- M.F.A.NO. 1222 OF 2002 E JUDGMENT 19th March, 2008 -------------------------------------------