IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH JULY, 2008 / 18TH ASHADHA, 1930 MACA.No. 489 of 2003 (B) (OP(MV).341/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA) .................... APPELLANT/CLAIMANT: ---------------------------- BHAGYALEKSHMI (MINOR), AGED 8 YEARS, D/O. RAJAN, REPRESENTED BY HER FATHER RAJAN, THADATHARIKATHU VEEDU, THATTAMVILAKAM, PARANDODU, KOTTAKKAKAM, ARYANADU. BY ADV. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENTS/RESPONDENTS IN THE O.P.: ----------------------------------------------------- 1. K. SOMAN, ABHILASH NIVAS, MALAYADI, VINOBA NIKETAN P.O., NEDUMANGADU. 2. SHAJI, VADAKKUMKARA KUNNUPURATHU VEEDU, THACHANCODE, VINOBANIKETHAN, NEDUMNAGADU. 3. UNITED INDIA INSURANCE COMPANY LTD., ASHHAR COMPLEX, NEAR KSRTC BUS STAND, ATTINGAL. BY ADV. SRI.G.P.SHINOD FOR R1 & R2 SRI.RAM MOHAN.G. FOR R1 & R2 SRI.MANU V. FOR R1 & R2 SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- M.A.C.A.No. 489 of 2003 B --------------------------------------------- Dated this the 9th day of July, 2008 J U D G M E N T Ramachandran Nair,J: Heard counsel for the appellant as well as Standing Counsel for the Insurance company. 2. The claimant is a minor child who sustained injuries on account of knocking down by the car driven by the second respondent, while she was only eight years of age. The M.A.C.T. found the driver guilty of rash driving and passed an award directing the insurer to pay compensation. The total compensation awarded is Rs.63,250/-. We find that there is justification in the appellant demanding enhancement of compensation on two counts. It is seen from the Medical report that she has sustained serious injury to the leg i.e., crush injury ® foot with degloving of skin from antero lateral aspect of ® foot, lacerated wound ® knee etc. which leads to a limb on her leg. Disfiguration and disability is proved before the M.A.C.T. The medical report recommended 15% M.A.C.A.NO.489 of 2003 :-2-: disability. The M.A.C.T. reduced to 10%. 3. Considering the nature of the disability and the fact that the appellant is a minor female child, the compensation for discomfort, inconvenience and loss of aminities in her life is increased from Rs.10,000/- to Rs.25,000/-. Similarly, compensation for disfiguration is increased from Rs.10,000/- to Rs.30,000/-. The additional compensation awarded will carry interest at the rate of 7.5% from the date of petition till the date of realisation. The appeal is allowed as above. C.N.RAMACHANDRAN NAIR, Judge V.K.MOHANAN, Judge MBS/ M.A.C.A.NO.489 of 2003 :-3-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- I.T.A.NO. 81 OF 2000 ------------------------------------ J U D G M E N T M.A.C.A.NO.489 of 2003 :-4-: DATED:17-6-2008 M.A.C.A.NO.489 of 2003 :-5-: