IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 MACA.No. 95 of 2004 ----------------------------- O.P(MV).NO.147/1997 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ------------------------------------- LETTISHA RAJAN (MINOR) D/O.K.C.RAJAN, REPRESENTED BY GUARDIAN AND NEXT FRIEND K.C.RAJAN, S/O. K.J.CHACKO, AGED 38 YEARS, KARIMPANMACKAL, NEAR BISHOP'S HOUSE, KANJIRAPPALLY. BY ADV. MR.V.PHILIP MATHEW. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. TOM THOMAS @ SUNNY, KULANGARA HOUSE, NALUKODY P.O., PAIPADU, CHANGANACHERRY. 2. SONY, S/O PHILIP, PALATHARA HOUSE, VAZHAPPALLY WEST P.O., CHANGANACHERRY. 3. THE MANAGER, DIVISIONAL OFFICE, NATIONAL INSURANCE CO.LTD., C.S.I. SQUARE, KOTTAYAM. R3 BY ADV. MR.M.A.GEORGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. NO:95 OF 2004. - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd Day of July, 2009. JUDGMENT K. M. Joseph J. The appellant is the claimant. She suffered the accident in question, when she was 7 years of age. The Tribunal has awarded a total sum of Rs.77,400/-. The break up is given as follows: Towards pain and suffering Rs.25,000/ towards treatment expenses Rs.5,000/- towards by-stander expenses Rs.3,000/- towards extra noursihment Rs.1,000/- towards transportation Rs.1,000/- towards compensation for} Rs.32,400/- disability } for disfigurement Rs.10,000/- ------------------------- Total - Rs.77,400/- ------------------------- 2. Heard the learned counsel for the appellant and learned counsel for the Insurance Company. 3. Learned counsel for the appellant would submit that the amount awarded towards pain and suffering is inadequate. She was in hospital for two months. He further submits that the M.A.C.A. NO:95 OF 2004 : 2 : amount awarded towards disfiguration is on the lower side. Lastly, he would content that the amount awarded towards disability is by taking the notional income of Rs.1000/-, and a higher income should have been taken. 4. Learned counsel for the Insurance Company on the other hand, would point out that the compensation is adequate. He would point out that as far as the notional income is concerned, even if Rs.1,250/- is taken, the multiplier taken by the Tribunal at 18 is erroneous and if the amount is calculated by taking Rs.1,250/- as the notional income and the multiplier as 15, as it should have been, the amount would be Rs.33,750/-. Thus, the appellant would be entitled Rs.1,350/- more. Even though the appellant prayed that Rs.1,500/- may be taken, the notional income which can be taken on the date of accident as 1995 and the claimant is a 7 years old child, we award a sum of Rs.1,350/- more. We further feel that the appellant should be awarded more towards disfiguration. We notice in the order itself, it is clear that amount the appellant was present in the court and court has noted that she M.A.C.A. NO:95 OF 2004 : 3 : has ugly deformity to the right thigh and wound scars on the left thigh due to skin grafting. The appellant is stated to be 21 years of age now. We feel that the we should award a further sum of Rs.10,000/- more towards disfiguration. We are not inclined to grant any further sum towards pain and suffering. Accordingly the appeal is allowed in part and the appellant is allowed to realise an amount of Rs.11,350/- (rounded off to Rs.11,500/-) with an interest of 7.5% from the third respondent from the date of petition till the date of realisation. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/