IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 MACA.No. 967 of 2005(C) ---------------------- OPMV.1332/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER ---------------------------------- SABIRA AREKATTU, AGED 29 YEARS, W/O.MARAKKAR, AYAPPALLIYIL HOUSE, KANNAMANGALAM, THIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS : RESPONDENTS -------------------------- 1. V.ABDUL RASHEED, S/O.ABDUL MAJEED, VALIYADAN HOUSE, KANNAMANGALAM, EDAKKAPARAMBU, MALAPPURAM DISTRICT. 2. USMAN P.K., S/O.AHAMMED, UDARALIYIL HOUSE, KANNAMANGALAM, VENGARA, MALAPPURAM DISTRICT. 3. THE UNITED INDIA INSURANCE CO LTD., UP HILL, MALAPPURAM. (RESPONDENT NO.4, 5 AND 6 BEFORE THE TRIBUNAL ARE NOT MADE AS PARTIES IN THIS APPEAL SINCE NO RELIEF IS CLAIMED AGAINST THEM). ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & N.K.BALAKRISHNAN, JJ. *********************** M.A.C.A No.967 of 2005-C ***************************** Dated this the 8th day of July, 2011 JUDGMENT BASANT, J. Claimant is the appellant. She claimed compensation for the loss suffered by her on account of personal injuries suffered in a motor accident which took place on 15.10.1999 against a claim of Rs.1.5 lakhs, the Tribunal by the impugned award directed payment of an amount of Rs.51,337/- as per the details given below: i) Transport to hospital : Rs. 500.00 ii) Extra nourishment and bystander's expenses : Rs. 1,500.00 iii) Medical expenses : Rs.23,837.00 iv) Pain and suffering : Rs.15,000.00 v) Future medical expenses : Rs.10,500.00 ------------------- Total : Rs.51,337.00 ======== 2. According to the appellant, she is aggrieved by the impugned award. Just and reasonable compensation has not been paid to her, it is lamented. The appellant had suffered M.A.C.A No.967 of 2005-C 2 serious injuries. Her 5 teeth on the lower jaw got avulsed. There was fracture of the nasal bone. She was an inpatient for a total period of 15 days in two spells. She has suffered physical disability on account of the accident. Her physical disability was assessed by the medical board as 5%. She has suffered disfiguration. Because of that the qualifty of life has been impaired. Plastic surgery will have to be undertaken. The scar left behind has caused cosmetic damage. Disfiguration has resulted. But the Tribunal did not take into account Ext.X1 certificate of disability which computes the permanent partial disability at 5%, ie. 2% for deformity of the face and 3% for avulsion of teeth. The learned counsel for the appellant, in these circumstances, prays for enhanced compensation under the grounds of pain and sufferings, future medical expenses, physical disability and enforced inactivity following the accident. 3. We have considered all the relevant circumstances. We find merit in the contention that the Tribunal had omitted to consider Ext.X1 certificate showing the disability suffered by the appellant. The accident, the injuries suffered and the treatment must certainly have disabled her from pursuing her normal avocation for a period of 2 months. For such period, she must M.A.C.A No.967 of 2005-C 3 have been forcibly denied the ability to attend to domestic chores by a woman as a home maker. For such disability also she is certainly entitled to be compensated by an appropriate direction. We are satisfied that for two months at the notional rate of Rs.1,250/-, she is entitled for a total amount of Rs.2,500/- for such loss. 4. For pain and suffering, an amount of Rs.15,000/- has been awarded. We do not find any merit in the challenge raised against the quantum of compensation paid under the head of pain and suffering. Undoubtedly physical disability has resulted. We must alertly note that the appellant was a 29 year old woman at the time of the accident. Long later, the physical disability was ascertained by the medical board on 13.05.2004, disability of 5% is perceived by the medical board. We find merit in the contention that this has resulted in disfiguration and impairment in the cosmetic quality. Disability certificate Ext.X1 shows that she had multiple laceration on the face, left side of neck, forehead and supraclavicular region. Loss of tissue on left nasal lateral area, alae of nose, flattening of nasal bridge and fracture of both nasal bones have resulted. 5 teeth on the lower jaw got avulsed also. This disability does not impair her ability M.A.C.A No.967 of 2005-C 4 to pursue her normal avocation. But certainly this has resulted in cosmetic damage. The medical certificates clearly show that further plastic surgery procedure will have to be undergone if the cosmetic damage were to be minimised. Ext.A10 photographs also indicate the disfiguration suffered by the appellant. For loss suffered on this score, taking all the facets of the same into account including the future medical expenses that will have to be incurred for cosmetic surgery, we are of opinion that a further amount of Rs.25,000/- can safely be awarded as additional compensation. In coming to this conclusion, we take particular note of the nature of the disability, the young age of the appellant at the time of suffering of the injury and the frustration and the agony that must have followed such disfiguration/cosmetic damage. We are not persuaded to agree that any further amount is liable to be granted under any other head. 5. The above discussions lead us to the conclusion that the claimant is entitled to the following further amounts as compensation. i) Temporary disability leading to deprivation of the opportunity M.A.C.A No.967 of 2005-C 5 to pursue domestic chores : Rs. 2,500.00 (2 X 1,250) ii) physical disablement, Compensation payable for disfiguration, cosmetic damage, probable future expenditure for treatment : Rs.25,000.00(global) -------------------- Total : Rs.27,500.00 ======== 6. The learned counsel for the appellant submits that the Tribunal has unreasonably awarded interest only @ 6% per annum. We find force in that submission. We are satisfied that 7.5% at least must have been granted as the interest on the entire amount of compensation from the date of the claim to the date of payment. 7. In the result: a) This appeal is allowed in part; b) The appellant is entitled to a further amount of Rs.27,500/- (Rupees Twenty seven thousand and five hundred only) as compensation in addition to the amounts already awarded by the Tribunal; c) The appellant is further entitled for interest @ 7.5% per annum on the entire amount of compensation from the date of the petition to the date of payment; M.A.C.A No.967 of 2005-C 6 d) All other directions of the Tribunal are upheld. (R.BASANT, JUDGE) (N.K.BALAKRISHNAN, JUDGE) rtr/