IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 MACA.No. 2006 of 2005() ----------------------- OPMV.242/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/PETITIONER ---------------------------------- JAMEELA (MINOR) AGED 13 YEARS, REP. BY NEXT FRIEND MOTHER HAJIRA, CHENNARIKKUNDIL HOUSE, MUNNIYOOR P.O., TIRURANGADI TALUK. BY ADV. SRI.K.SHIBILI NAHA RESPONDENT(S): --------------- 1. CHALAKKAL GIRISH KUMAR, S/O.AYYAPPAN, KOODATHOOR HOUSE, VELIMUKKU P.O., THAYYIKAVU. 2. T.ABDUL AZEEZ, THOTTASSERI HOUSE, KODAVALLY P.O., KOZHIKODE. 3. THE NEW INDIA ASSURANCE CO. LTD., BR. OFFICE, POOTHERI BUILDING, FEROKE. ADV. SRI.P.G.GANAPPAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON 11/08/2009 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.2006 of 2005 .................................................................... Dated this the 11th day of August, 2009. JUDGMENT Abdul Rehim, J. The claimant before the Tribunal is in appeal seeking enhancement of the compensation awarded. The appellant sustained injuries when a van knocked down her while walking through the side of the public road. She was a student aged 13 years at the time of the accident. The appellant sustained crush injury below the ankle joint exposing the tissues and causing fracture of second and third metatarsals on the right foot, along with aberrations on the back of right elbow joint. Initially she was treated as inpatient in the hospital for about 23 days. After more than 4 years she underwent plastic surgery to mitigate the deformity. The Tribunal had awarded a total compensation of Rs.86,700/-, out of which the medical expenses proved by the bills relating to the treatment itself is Rs.58,200/-. 2. Heard, learned counsel appearing for the appellant and Standing Counsel appearing for the third respondent-Insurance 2 Company. The appellant contended that inspite of proof regarding severe disfigurement, the Tribunal had not allowed any amount towards compensation under the head of permanent disability. It is also contended that the amount of Rs.5,000/- awarded towards loss of amenities and enjoyment in life is highly unrealistic. Further contention is that the amounts awarded under different heads like transport to hospital, expenses to bystander, extra nourishment etc., are also on the lower side. It is also contended that the rate of interest granted by the Tribunal, i.e. 6% p.a., is highly inadequate. 3. On evaluating the evidence, we do not find that any proof has been adduced regarding continuing permanent disability. But from the medical certificates it is evident that the appellant had sustained a crush injury which had resulted in some sort of deformity. Further there is evidence that she had underwent plastic surgery in this regard. The claim regarding loss of academic year was not accepted by the Tribunal due to want of documentary evidence. But we are inclined to hold that definitely the appellant might have lost considerable period of her studies. Considering all these aspects we are of the opinion that the 3 total amount of compensation awarded under different heads is on the lower side. We are persuaded to increase the total amount of compensation by a further amount of Rs.15,000/-. We are also inclined to increase rate of interest from 6% to 7.5% p.a. In the result, appeal is partly allowed enhancing the total compensation of Rs.86,700/- by a further sum of Rs.15,000/-. The original amount of compensation as well as the enhancement granted in this appeal will carry interest at the rate of 7.5% p.a. from the date of the claim petition till payment. The third respondent-Insurance Company is directed to make deposit of the amount within a period of two months from the date of receipt of a copy of this judgment. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms