IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 MACA.No. 3 of 2003() ----------------------------- OPMV.2117/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER -------------------- JASEENA, JASMIN, AGED 19 YEARS, D/O.KARUNGADAN KUNHALIKUTTY HAJI, KARUNGADAN HOUSE, CHERUPUTHOOR, MONGAM, PULPATTA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: RESPONDENTS ------------------------ 1. K.GOPI, AGED 46 YEARS, S/O.KRISHNAN, RAKKATH HOUSE, ELAMANDAM, TENKURISSI P.O., ALATHUR, PALAKKAD (DRIVER). 2. S.M.IQUBEL AHAMMED HAJI, S/O.ESM HANEFA, PARIERI, PALAKKAD DISTRICT. 3. UNITED INDIA INSURANCE COMPANY LTD. MANJERI, REPRESENTED BY ITS BRANCH MANAGER. BY ADV. SRI.N.S.MOHAMMED USMAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/06/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- M.A.C.A.NO.3 OF 2003-B ---------------------------------------------------- Dated this the 6th day of June, 2008. JUDGMENT Koshy, J: The appellant/claimant at the age of 13 sustained serious injuries in a motor accident due to the negligence of the 1st respondent, driver of the vehicle owned by the 2nd respondent and insured by the 3rd respondent insurance company. She through her guardian filed an application for Rs.2,50,000/= towards compensation. The Tribunal awarded Rs.1,01,500/=. The injured was only 13 years at the time of the accident. As a result of the accident, she had the following injuries: “(1) Haematoma 4x2 cm left upper eye lid (2) Abrasion 5 x 3 cm left side of face below left eye. 3) Abrasion left wrist dorsal aspect 5x1 cm” She was in the Medical College Hospital, Calicut for 26 days as can be seen from Ext.A3. Ext.A6 shows that the appellant was removed from the roll of the attendance register of the V.H.M. High School from 13.12.1996 due to the accident and for MACA.NO.3/2003. . 2 treatment and she again re-admitted on 2.6.1997. The Tribunal accepted that there is 30% disability. Taking guidance from the 2nd schedule, Rs.15,000/= can be taken as the annual income and 15 is taken as the multiplier. We see no ground to interfere with the same but at the same time We notice that she is a girl child, she lost her one eye at 13 years of age and her entire life has become miserable. There is disfigurement and this will affect her future life, marriage prospectus etc. The accident also affected her future enjoyment of life. In the above circumstances, We are of the opinion that for loss of amenities, disfigurement, enjoyment in life and all other consequences of the disability on the young girl child, another Rs.30,000/= more should be awarded over and above the decree amount. The above Rs.30,000/= should be deposited by the 3rd respondent insurance company with 7.5% interest from the date of application till the deposit of the amount. Since 10 years have passed, on deposit of the amount, the appellant is allowed to withdraw the same. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. MACA.NO.3/2003. . 3 J.B. KOSHY & P.N. RAVINDRAN, JJ. M.A.C.A.NO.3 OF 2003-B JUDGMENT 6th day of June, 2008. MACA.NO.3/2003. . 4