IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 MACA.No. 529 of 2006() --------------------------------- OPMV.288/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/PETITIONER --------------------- MERIN JOJO, D/O.LISSY JOJO, CHITTAKATTU HOUSE, KURICHITHANAM VILLAGE. THE DATE OF BIRTH OF THE APPELLANT IS 22.10.1987 AND ACCORDINGLY SHE HAS ATTAINED MAJORITY ON 22.10.2005 AND SHE IS COMPETENT TO INDEPENDENTLY MAINTAIN THIS APPEAL. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: ----------------------- 1. NOBLE KURIAN, PULLOLICKAL HOUSE, KURICHITHANAM.P.O, UZHAVOOR. 2. THE NEW INDIA ASSURANCE CO. LTD., ETTUMANOOR. BY ADV. SRI.A.C.DEVY - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.529 OF 2006 ===================== Dated this the 17th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)No.288 of 2000. The claimant, 13 year old girl at the time of accident sustained injuries on the eyebrow, lacerated wound on the right ankle, lacerated wound on the root of nose and upper lip. She had also suffered a fracture on the left little finger and she was treated in the hospital as an inpatient for a period of 4 days. Now, the learned counsel for the appellant submits before me that on account of the injuries sustained in the accident, there were scars on different parts where the injuries were there and being a girl plastic surgery has to be done to remove those scars. Learned counsel has also made available before me the documents relating to the surgery which had been produced before the court below as well and they have been marked. The Tribunal held that there is nothing to prove that plastic surgery was required for removing the scars which has arisen on account of the accident. 2. A perusal of the documents would reveal that operation is done to MACA 529/2006 -:2:- remove the scars which has got nexus with the injury sustained in the accident. But, the amount involved here is huge, I feel it is always safe to have some evidence in that regard to connect the plastic surgery for removal of scars to the injuries sustained in the accident before granting such an award. Therefore the award under challenge is set aside in order to enable the claimant to adduce evidence to prove regarding the need to do plastic surgery and the expenses incurred and also the additional compensation, if any, she is entitled to under those heads. Since the documents are already marked, they require consideration and the court below shall have a realistic approach on the point for determining the issue. It is made clear that all the parties are permitted to adduce oral and documentary evidence in support of their contentions. Parties are directed to appear before the Tribunal on 24.7.2008. MACA is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-