IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 MACA.No. 980 of 2004() ---------------------------- OPMV.1602/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANTS/PETITIONERS --------------------------------- 1. MINOR ANSABA, D/O.MUHAMMAD HANEEFA. 2. NASEEMA, W/O.MUHAMMAD HANEEFA. (MINOR APPELLANT REPRESENTED BY HER GUARDIAN MOTHER THE 2ND APPELLANT HEREIN).BOTH ARE RESIDING AT, PULLANIKKATTIL HOUSE, RAILWAY STATION P.O., WADAKKANCHERY, THRISSUR DISTRICT. BY ADVS. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SMT.G.GEETHISHA RESPONDENT(S):RESPONDENTS ------------------------------------- 1. THE MANAGING PARTNER, MAYIL VAHANAM MOTORS, SHORANUR. 2. R.HARIDAS, S/O.RAGHAVAN, RESIDING AT KIZHAPPURA, AGRAHARAM, MATHUR, PALAKKAD. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, FAIZAL BUILDINGS,MAIN ROAD, OTTAPALAM. 4. THE MANAGING PARTNER, MAYIL VAHANAM MOTORS, SHORANUR. 5. NITHYANANDAN, S/O.MANI, RESIDING AT THEKKUMMURI HOUSE,ODUVANGHAD, NECHUPPULLY,MUNDUR, KONGAD. 6. THE UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, FAIZAL BUILDINGS,MAIN ROAD, OTTAPALAM. R6 BY ADV. SMT.P.K.SANTHAMMA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 980 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 12th day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No. 1602 of 1999 on the file of the Motor Accidents Claims Tribunal, Thrissur. In this appeal she challenges the judgment and award of the Tribunal dated October 21, 2003 awarding a compensation of Rs.3,42,800/- for the loss caused to her on account of the injuries sustained by her in a motor accident that occurred on November 28, 1998 at about 5.30 p.m. at Vatanamkurissi. 2. The accident happened while she was travelling in a bus bearing registration No.KL-9/1383, driven by the 2nd respondent, along the Kolappully Pattambi road. When the bus reached at Vadanamturissi it collided head on with another bus bearing registration No.KL-9/1452, driven by the 5th respondent, as a result of which she sustained the following injuries:- 1) Lacerated wound 12 x 0.5 cm. on right frontal MACA 980/2004 2 area extending to temple exposing fractured skull. 2) Lacerated wound 1 x 0.25 cm. near right side of nose. 3) Abrasions below right eye. 4) Head injury. 5) Depressed fracture of right fronto-temporal bones with underlying contusion. 3. The claimant was aged 13 at the time of the accident. The claimant being a minor, she filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act through her next friend mother claiming a compensation of Rs.6,47,500/- alleging negligence against the drivers of both the vehicles. 4. Respondents 1 to 3 are the owner, driver and insurer of the bus in which the claimant was travelling. Respondents 4 to 6 are the owner, driver and insurer of the other bus. Respondents 1, 2, 4 and 5 remained absent before the Tribunal. Respondents 3 and 6 are the same Insurance Company. They filed a written statement admitting the policies MACA 980/2004 3 of the respective vehicles involved in the accident. The claimant was examined as PW1 and Exts.A1 to A12 (c) were marked on her side. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of drivers of both the buses i.e., respondents 2 and 5 and awarded a compensation of Rs.3,42,800/- with interest @ 6% p.a. from the date of petition till realization and a cost of Rs.1,000/-. The claimant has come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the claimant and learned counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the claimant sustained the above mentioned injuries in the accident and that the accident occurred due to the negligence of respondents 2 and 5 is not seriously challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. MACA 980/2004 4 7. The Tribunal awarded a total compensation of Rs.3,42,800/-. Break up of the compensation awarded is as under:- Transportation : Rs. 2,000/- Extra nourishment : Rs. 2,500/- Damage to clothing : Rs. 300/- Treatment and : Rs. 53,000/- bystander's expenses. Future treatment and : Rs. 10,000/- bystander's expenses. Pain and suffering : Rs. 25,000/- Loss of amenities and : Rs.2,50,000/- Enjoyment of life. ------------------ Total : Rs.3,42,800/- ======= 8. The learned counsel for the appellant/claimant sought enhancement of compensation for loss of amenities and future prospects in life. The learned counsel submits that no compensation was awarded towards disability caused, for disfigurement and for reduced marriage prospects . 9. The Tribunal awarded Rs.2,50,000/- for the loss of amenities and enjoyment in life, but it was actually compensation for the disability caused. In Ext.A8 certificate of MACA 980/2004 5 disability issued by Professor of Neurosurgery, Medical College Hospital, Thrissur it is certified that the claimant has a disability of 37% and also visual disability of 45%. Her disability was assessed by a Medical Board attached to the Medical College Hospital, Thrissur, as directed by this Court by order dated September 3, 2010. Medical Board certified that she has permanent neurological disability of 60%. It is also certified that the claimant has now the following disabilities:- Higher mental functions:- Reduced memory. Reduced speech fluency of comprehension. Poor judgment. Reduced attention and registration. Cranial Nerves:- Double vision especially on left gaze due to paralysis of extraocular muscles of right eye. Spinomotor:- Left hemiparesis, left sensory impairment of limbs and trunk. Skull & spine:- Gross deformity of left temporal and frontal areas with scarring. Therefore, we are inclined to accept the disability of 60% MACA 980/2004 6 assessed by the Medical Board. The claimant was a girl aged 13 at the time of the accident. Her monthly income can reasonably be fixed at Rs.3,000/-. As she was aged only 13, multiplier of 15 would be reasonable. Thus calculated for the disability caused, the claimant is entitled to a compensation of Rs.3,24,000/- (Rs.3000/- x 12 x 15 x 60%). Thus the claimant is entitled to an additional compensation of Rs.74,000/- on this count. 10. We find that the compensation of Rs.2,50,000/- awarded by the Tribunal towards the loss of amenities was actually compensation for the disability caused. Therefore, for the loss of amenities and enjoyment of life, a compensation of Rs.20,000/- would be reasonable. 11. No compensation was seen awarded for the disfigurement caused. As the injuries sustained by her caused serious disfigurement, we feel that a compensation of Rs.25,000/- would be reasonable on this count. 12. As the claimant being a girl, we feel that a compensation of Rs.25,000/- for loss of future marriage MACA 980/2004 7 prospects would be reasonable. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore, we are not disturbing the same. 13. In the result, the claimant is found entitled to an additional compensation of Rs.1,44,000/-. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. She is entitled to interest @ 7.5% per annum from the date of petition till realization for the compensation already awarded and also for the enhanced compensation. The respondents 3 and 6 shall deposit the amount within two months from the date of receipt of a copy of this judgment with notice to the claimant. The award of the Tribunal is modified to the above extent. The appeal is disposed of as found above. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. MACA 980/2004 8 mn