IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 MACA.No. 1597 of 2004 --------------------------------------- OPMV.497/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT/PETITIONER: SHAMEENA.M. (MINOR), AGED 13, D/O MOOSA.V.K., REP. BY HER FATHER AND LEGAL GUARDIAN MOOSA.V.K., S/O KUNHAMMEDKUTTY, MUNDIYATHU HOUSE, CHEMBALA, VADAKARA, KOZHIKODE. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS/RESPONDENTS: 1. MUTHUVANA RAMESH BABU, S/O. RAGHAVAN, VANIYANTEVIDA, NEAR KADEPRAM SREE NARAYANA MADAM, KORARA POST, CHAMBAD. 2. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, JUBILEE SOUTH SHOPPING COMPLEX, THALASSERY. ADV. SMT.P.K.SANTHAMMA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.1597 of 2004 --------------------------------- JUDGMENT Balachandran, J. A minor girl, aged 7, sustained injuries as she was knocked down by a jeep bearing Reg.No.KRN 2043 owned by the first respondent and insured by the second respondent, while she was walking along the road. According to the appellant, the accident occurred on account of the over speed and rashness with which the first respondent was driving the said jeep. A compensation of Rupees Four lakhs was claimed. As against the said claim, she was awarded a compensation of Rs.82,750/- by the Tribunal. Hence this appeal by the appellant/ petitioner claiming enhancement. Quantum of compensation alone is in dispute in this appeal. Hence, we are considering only that aspect in this appeal. 2. As regards the injuries sustained to the appellant/petitioner, the Tribunal has observed as MACA 1597/04 2 follows: “...the injuries allegedly sustained by the petitioner were: 1. Extensive crush injury left leg and feet. 2. Fracture tibia and fibula lower 1/3rd. 3. Injuries on head. Exhibit A2 the index card issued from the Institute of Maternal and Child Health, Kozhikode says that the petitioner was admitted to that hospital on 20.8.97 and was discharged on 17.10.97 for treating the injuries suffered by the petitioner in a road accident. The injuries in the same document are crush injury to right leg and foot and a head injury and that there were fractures to tibia and fibula 1/3 and the method of treatment adopted was depirdment “GA”. MACA 1597/04 3 Exhibit A3 is also an index card recalling the injury caused to the petitioner. Exhibit A4 series are prescriptions. Exhibit A5 series are bills altogether for an amount of Rs.1622/-. Exhibit A6 series are photographs with negatives depicting the present pictorial position of the petitioner. Exhibit X1 is the report issued from the Medical Board saying that the petitioner has got 35% permanent disability. When the petitioner was produced before the court also, it was found that she was in a pathetic condition. It is equally material to note that there is no case even for the second respondent that the petitioner did not sustain any injuries in the accident. Further, there is evidence like Exhibit A2 index card to the effect that the petitioner was admitted to the Medical College Hospital as on MACA 1597/04 4 the date of the accident itself for treating the injuries suffered by her following the road traffic accident. So, the evidence available on record is very much sufficient to disloss the fact that the petitioner had suffered serious injuries and that she was subjected to much pain, inconveniences and agony and the fact that she was in the Medical College Hospital, Kozhikode (I.M.C.H.) as an inpatient for the period from 20.8.97 to 17.10.97. Exhibit X1 report says that she has suffered a permanent disability also.” The Tribunal, considering all the above aspects, has granted an amount of Rs.15,000/- towards pain and sufferings, Rs.1,500/- towards transport to hospital, Rs.2,000/- towards extra nourishment, Rs.250/- towards damage to clothing, Rs.2,000/- MACA 1597/04 5 towards medical and hospital expenses over and above the compensation for permanent disability, which was assessed at Rs.63,000/-. For assessing the permanent disability and loss of earning power, the Tribunal has considered Exhibit X1 disability certificate issued by the Medical Board, testifying 35% disability and has taken 15 as the apt multiplier. But, her income was notionally fixed at Rs.12,000/- per annum, which will work out only to Rs.1,000/- per month. In the case of a non-earning person, the income has to be fixed at Rs.15,000/- per annum as per the II schedule under the Motor Vehicles Act and the Tribunal is not justified in adopting only Rs.12,000/- for the purpose of calculating the compensation payable towards permanent disability and loss of earning power. The compensation, thus, payable to the appellant on that count will be Rs.78,750/- (15,000 x 15 x 35/100) in the place of Rs.63,000/- awarded by the Tribunal. Hence, on that count, the appellant will MACA 1597/04 6 be entitled to Rs.15,750/- more. It is seen that the Tribunal has not awarded any amount by way of compensation towards loss of amenities, disfigurement, etc. Therefore, we award a sum of Rs.5,000/- on that count. The total additional compensation to which the appellant would be entitled is Rs.20,750/- with interest at 7% per annum. The above amount should be deposited by the second respondent Insurance Company within two months from today. The amount when deposited by the second respondent shall be put in Fixed Deposit in the name of the minor appellant in a Nationalised Bank of her choice until she attains majority or for a period of ten years, whichever is earlier. The appeal is, thus, allowed in part. (J.B.Koshy, Judge) 30th September, 2008 (K.P.Balachandran, Judge) tkv