IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 MACA.No. 546 of 2004 ----------------------------------- OPMV.20/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------------------------------------- ATHIRA RAJ (MINOR) 12 YEARS, REPRESENTED BY P.R. RAJENDRAN, PALLAT HOUSE, CHERUPUZHA P.O. BY ADV. SRI.M.V.AMARESAN SRI.V.N.RAMESAN NAMBISAN RESPONDENTS / RESPONSDENTS: ------------------------------------------------------- 1. M.T.THOMAS S/O. THOMAS, MANNOCHERIL HOUSE, PALAVAYAL, P.O. PALAVAYAL, KASARAGOD DISTRICT. 2. THE NEW INDIA INSURANCE CO. LTD., SOUTH BAZAR, TEMPLE ROAD, PAYYANUR. ADV. SRI.M.RAJAGOPALAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.546 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August 2010 JUDGMENT Basheer, J. Appellant met with a gruesome accident in August 1997 while she was hardly five years. Going by the description of the accident as revealed from the award, she was knocked down by a jeep driven by respondent No.1 herein and dragged to a considerable distance, resulting in very severe crushing injuries on her right foot. Compensation was claimed on behalf of the victim before the Tribunal through the guardian. 2. PW1, father of the victim and PW2, doctor, were examined on the side of the appellant. Exts.A1 to A8 and X1, disability certificate issued by the Medical Board, were marked. Additional documents now produced before this court are marked as Exts.X2 and X3 series. 3. The Tribunal, after considering the oral and documentary evidence available on record, awarded a sum of Rs.1,24,000/- as compensation with interest at the rate of 9%. 4. The learned counsel for the appellant submits that the amount of compensation awarded by the Tribunal is too meager and inadequate considering the serious nature of the injuries sustained by the young girl. There appears to be considerable force in the above contention, especially, M.A.C.A.No.546 OF 2004 :: 2 :: since we have had occasions to see the victim in open court. She is of course a grown up girl now. Her right foot is in a very bad shape and she can walk only with obvious difficulty and some limping because of the shortening of the right leg. 5. The appellant has produced certain additional documents before this court which consist of some bills for the medical and surgical treatment undergone by her after the passing of the award. Understandably some corrective surgery has been performed on the right foot of the appellant. The appellant informed us that the doctors have advised her to undergo further treatment at a later stage. The medical bills produced by the appellant before us would come to Rs.75,000/- including Surgeon's fee and other incidental expenses apart from medicines. Annexure I discharge card issued by the R.V. Clinic at Palakkad will also show that she had undergone some treatment on her right foot during 2005. The Tribunal has accepted the disability of 28% as assessed by the Medical Board and taken the notional annual income as 15,000/- to quantify the amount of compensation payable under the head of disability. We do not find any reason to disturb the said quantification. 6. However, in our view, the amount of Rs.5,000/- awarded by the Tribunal for disfigurement has to be necessarily enhanced to Rs.25,000/-. Similarly, the amount of compensation awarded for pain and suffering is M.A.C.A.No.546 OF 2004 :: 3 :: enhanced from Rs.15,000/- to Rs.25,000/-. We award a further sum of Rs.15,000/- for loss of amenities. Towards medical expenses that have been incurred by the appellant after the passing of the award, we are of the view that a lump sum amount of Rs.50,000/- has to be awarded to her. Thus, the appellant will be entitled to get additional compensation of Rs.95,000/- with interest at the rate of 9% from the date of petition till the date of realisation. The award is modified to the above extent and the appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes