IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 MACA.No. 2156 of 2006() ----------------------- OPMV.1145/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ NITHA (MINOR), D/O.RAVEENDRAN, AGED 14 YEARS, KAIPPAKUZHI HOUSE, IRUMBAKACHOLA P.O. MANNARKKAD, PALAKKAD DISTRICT, REP. BY FATHER RAVINDRAN, S/O.RAGHAVAN, 39 YEARS, R/AT. KAIPPAKUZHI HOUSE, IRUMBAKACHOLA P.O., MANNARKKAD TALUK, PALAKKAD. BY ADV. SRI.BINOY VASUDEVAN RESPONDENT(S): --------------- 1. RAJAN, S/O.GOVINDAN, MULLATHVEEDU, KANJIRAM, POTTASERI, PALAKKAD DISTRICT. 2. THE HEAD MASTER, PALLIKURUPPU HIGH SCHOOL, PALLIKKURUPPU P.O., MANNARKKAD, PALAKKAD. 3. M/S.THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, MANNARKKAD, PALAKKAD DISTRICT. ADV. RAJAN, PALAKKAD DIST. (PARTY) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 2156 OF 2006 -------------------------------------------- Dated this the 20th day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant who was a school student aged 12 years at the time of the accident. The total compensation awarded is Rs. 91997/- out of which Rs. 60247/- accounts for medical expenses incurred by the appellant. Counsel for the appellant submitted that balance compensation is thoroughly inadequate even to take care of future treatment including plastic surgery later required for cosmetic correction. We have gone through the award and we notice that appellant sustained major injuries and fracture of various bones of her face. Even though she has not suffered any permanent disability appellant had temporary disability including problem for the vision which was corrected by fixing glass. Considering visual damage and deformity we feel appellant is entitled to higher compensation for loss 2 of amenities in life and being a female child for loss of prospects in marriage. Besides this counsel has prayed for compensation for cost of future treatment. However, in the absence of any evidence about treatment required such as plastic surgery, we are unable to grant any specific amount under this head. Considering the claim, we enhance the total compensation by Rs. 30,000/- which will carry interest at the rate of 7.5 per cent per annum from the date of application till date of payment. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3