IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 MACA.No. 487 of 2003() --------------------------------- OPMV.329/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELANT/PETITIONER IN OP(MV): ------------------ DEEPTHI RAMAKRISHNAN (MINOR), AGED 12 YEARS, REPRESENTED BY HER FRIEND AND NATURAL GUARDIAN FATHER RAMAKRISHNAN, PUTHUKATTIL HOUSE, PADIYOOR P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: ------------------------ 1. SUKUMARAN, S/O. SHANMUGHAN, MULLASSERY HOUSE, EDATHIRUTHI P.O. 2. UNITED INDIA INSURANCE CO., ALENGADAN BUILDING, IRINJALAKUDA. 3. BHAVANA, W/O. SREENIVASAN, KOOVELIL HOUSE, NILAMPATHY, P.O. PADIYOOR. BY ADV. SRI.A.C.DEVY FOR R3 SRI.A.R.GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- M.A.C.A.NO.487 OF 2003 (B) ----------------------------------- Dated this the 4th day of August, 2008 J U D G M E N T KOSHY,J. Appellant/claimant sustained injuries in an accident at the age of 7. Against a claim of Rs.8,00,000/-, tribunal awarded only Rs.65,000/- with interest and 3rd respondent Insurance company was directed to deposit the same. Only quantum of compensation is disputed in this appeal and only point pressed is that compensation awarded for future medical expenses was inadequate. Tribunal considered the medical certificate and observed as follows: “Ext.A10 is the wound certificate issued from the West Fort Hospital, Thrissur. Ext.A11 is the discharge summary from the West Fort Hospital, Thrissur. The girl had an inpatient treatment in the West Fort Hospital for 10 days. In the accident she sustained flying glass injury, severe multiple lacerations both eye lids, cheek, small lacerations on the nose, forehead lips and vertical lacerations bone deep right frontal region. The treatment given includes the removal of the glass pieces under general anesthesia. Ext.A12 is a certificate specifying that she was also MACA.487/03 2 having fracture to the left infra orbital region without displacement. There was regular follow up treatment after discharge from the hospital. An ugly scar was there on the left side of face which causes permanent disfiguration. She has inability to close lower eye lid. This will amount to permanent partial disability and disfiguration. Ext.A13 is a certificate specifying the future expenditure for the future medical treatment. She will require continued treatment including surgeries after attaining the age 14, 15. Approximate plastic surgical treatment expenses at the present rate may be around Rs.5,00,000/-. PW2 the Plastic Surgeon who issued Ext.A13 certificate was examined. He is working in the West Fort Hospital, Thrissur. The doctor stated that long term problem is expected for the girl. The eye lid instead of staying in the normal position is turned outwards. Subsequent to that problem she may have infection. If it is not properly attended it may lead to blindness. The scar has thickened. All the wounds on her face can cause scar hypertrophy. This patient require several operations and treatment till the growth is completed. At the initial stage the further treatment cannot be done since she is a growing child. Scar formation caused visible disfiguration, correction surgeries will be required after 12 years. At the age of 18 to 20 years final corrections may be required. The estimated expense is Rs.5,00,000/- for the future treatment. The doctor says that by future treatment the scar will not be completely vanished. According to the doctor every year the child used to come for consultation. The long term complications is very much expected.” MACA.487/03 3 Tribunal did not accept the above certificate as brake up figures are not given and only Rs.8,500/- was awarded for future treatment expenses against the estimated assessment of future expenses by the doctor which amounts to Rs.5,00,000/-. Tribunal awarded Rs.15,000/- for facial disfiguration and Rs.5,000/- for discomforts and loss of amenities apart from the medical expenses actually incurred. It is the case of the appellant that considering the injuries suffered, more amount should be awarded for disfiguration, permanent disability and future medical expenses. But even in 2008, no data regarding expenses were produced. Considering the facts and circumstances of the case, we come to the conclusion that compensation should be granted for future expenses for plastic surgery atleast for removal of disfiguration. Compensation was not awarded for loss of expectation of future married life also. The learned counsel for the Insurance company submits that at the maximum Rs.50,000/- can be awarded for future expenses. The appellant's counsel also agreed for the same. Therefore, we dispose of the appeal directing the 2nd respondent Insurance company to deposit Rs.50000/- more within two months from the date of MACA.487/03 4 receipt of the copy of this judgment, and, if the amount is not deposited within the time prescribed, it will carry interest at the rate of 9% from the date of this judgment. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.A.C.A.NO.487 OF 2003 (B) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th August, 2008