IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 MFA.No. 403 of 2002() ------------------------------ OPMV.1010/1997 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/ PETITIONER IN M.V.O.P. --------------------------------- ANSAR (MINOR), S/O. NADIRSHA,PALLATH HOUSE, PALAPRASSERY,CHENGAMANAD,REPRESENTED BY HIS NEXT FRIEND AND MOTHER GEETHA RAI NADIRSHA. BY ADV. SRI.DINESH MATHEW J.MURICKEN SRI.P.V.BALAKRISHNAN RESPONDENTS/ RESPONDENTS IN M.V.O.P. --------------------------------------------------------------- 1. RAJU JOSEPH, PUTHUVA HOUSE,KUNNUKARA, CHENGAMANAD. 2. LIJU, S/O. VISWAMBARAN, THARAPPADY HOUSE, KUNNUKARA,CHENGAMANAD. 3. M/S UNITED INDIA INSURANCE CO.LTD., JOSE JUNCTION, ERNAKULAM,COCHIN-16. BY ADV. SMT.P.A.REZIYA - R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.F.A.No.403 of 2002 ===================== Dated this the 19th day of June, 2008. JUDGMENT Koshy,J. The appellant aged 4 sustained injuries in a motor accident on 7.1.1997 due to the negligence of the driver of the vehicle insured by the third respondent - Insurance Company. Against a claim of Rs.7.5 lakhs, the Tribunal awarded only Rs.2,11,500/-. The only dispute is regarding the quantum of compensation. With regard to the injuries, the Tribunal found as follows: "The applicant sustained the following injuries as revealed from Ext.A4 the copy of the wound certificate issued from Karothukuzhi Hospital, Aluva, Ext.A5 the wound certificate-cum-discharge summary issued from Medical Mission Hospital, Kolencherry and Ext.A6 the discharge summary issued from the same hospital: (1) A 10 cm lacerated wound on the antero- medial aspect of the left knee. (2) Lacerated wound on 10 cm. above right inguinal region 5 cm. in length. (3) Abrasions on the right occipital region and MFA 403/02 -: 2 :- right hypochondrium. 4) Blunt injury to the abdomen. (5) Ileac performation. (6) Right perirenal haemotoma. (7) Total transaction of right ureter. (8) Fracture of left public ramus. (9) Epiphysial injury to lower end of left femur. (10) Fracture of right occipit. He was admitted on 8.1.1997 and was discharged on 22.2.1997. The following treatments were done as seen from Ext.A5: "The abdomen was soft and bowel sounds were normal also. Liver dullness was not obliterate. He was already on continuous bladder drainage cetherisation was done at local hospital) and the bladder contained blood stained urine. He was seen from the Neurosurgeon and CT scan was done which showed a fracture on the right occipital region and there was no extra dural or sub dural or inter- cranial pathology. For quadrant aspiration of the abdomen was done and it was negative for free air or any other aspirate. X-Ray abdomen showed no free gas under the diaparam. He was seen by the Urologist, who ruled out any renal injury. He was also seen by the orthopaedic surgeon. X-Rays taken showed a suspicious epiphysial injury of the left femur and fracture of the left pubic ramus. He was MFA 403/02 -: 3 :- admitted and treated in the department of Urology with I.V. fluids, antibiotics and local dressiongs. He was transferred to the department of Paediatric surgery on 9.1.1997 after an ultrasound examination of the abdomen was done which ruled out any renal injury. It showed a right peri-renal haematoma. Repeat X-Ray abdomen was normal and there was no evidence of free air under diaphram of intestinal obstruction. Since he continued to be unstable with abdominal distension which was not responding to conservative treatment, it was decided to proceed for explorative laparotomy: Laparotomy findings: 1. About 200 ml. of blood in the peritoneal cavity. 2. 3 cm. perforation on the anti measentric boarder of the terminal ilium about 10 cm. proximall to the ileo caecal junction. 3. Transverse tear in the measentry with a serosal tear of the jejunum about 15 cm distal to the DJ flexture. Stomach, lever, spleen and large bowel was normal. There was a large retroperitoneal haematoma. The segment of ileum with the perforation was resected and end to end anastomosis was done. The segment of jejunum which was also traumatised was MFA 403/02 -: 4 :- excised and anastomised. Post operative, patient was treated with antibiotics, I.V. fluids and blood transfusion. During the post operative period he developed oliguria which was treated with I.V. fluids and diuretics. The patient gradually improved and was started on oral feeds which he tolerated well. However, a week later he developed a fistula from the small bowel which was leaking from the main wound and causing excoriation of the abdominal wall. Despite conservative treatment the fistula showed no sighs of healing and so a laparotomy was done on 23.1.1997 at which stage the adhensions of the bowel were totally released. A small fistula (3-4 mm) was seen on the anti-messentric boarder of the jejunum. Both the anastomotic areas were will healed and there was no evidence of any leak at these 2 areas. The fistulous opening was between the two anastomotic sites. This area was well mobilised and closed in two layers. Post operatively the child did well and abdominal wounds healed well. The patient was again started on oral feeds which was well tolerated. However 2 days later a swelling was noticed in the right flank which subsided after clear urine started leaking from the sutured wound in the right groin. A uretral injury was suspected and treated conservatively. Since the leaking of the urine MFA 403/02 -: 5 :- continued with collection in the retro-peritoneal area, which was confirmed by an IVP, it was decided to explore and attempt to repair the urethral injury. On 6.2.1977 a right lumbar exploration was done. There was a large urenoma in the right lumbar exploration was done. There was a large urenoma in the right lumbar region with complete transaction of the upper ureter. Urenoma was drained. Both the cut ends of the ureters were identified and sutured over a stent. Post operatively the child did well. All the wounds healed well. The stent was removed and he was passing urine normally per urethra. Repeat ultra sound examination showed no retro-peritoneal collection. He was discharged on 22.2.1997 in a satisfactory condition with all wounds well healed and he was walking normally. He is advised regular follow up in this department." 2. The contention raised by the appellant is that he is unable to live a normal life due to the various injuries and he requires continuing treatment and no amount was awarded towards future medical expenses. Considering the injuries on the child and the opinion of the medical expert a follow up treatment is necessary as can be seen from the certificate produced. We are of the view that at least Rs.30,000/- ought to have been MFA 403/02 -: 6 :- awarded for future medical expenses. For the additional amount interest is to be calculated from the date of award and not from the date of application. The Tribunal has granted Rs.1 lakh for disability and loss of earning power, Rs.20,000/- for pain and suffering, Rs.25,000/- for loss of marriage prospects and Rs.20,000/- for loss of expectation of life. The entire medical expenses were reimbursed. We are of the view that no enhancement is required on these counts. 3. The additional amount of Rs.30,000/- should be deposited by the third respondent - Insurance Company with 7.5 interest from the date of the award, i.e., from 11.5.2001. The above amount should be deposited in a Nationalised Bank for a period of 10 years. Yearly interest can be withdrawn by the mother for the treatment of the child and after 10 years, it can be withdrawn by the appellant. The appeal is partly allowed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 20/6