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Deepa Mariam Varghese

High Court Of Kerala|13 October, 2014
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JUDGMENT / ORDER

Thottathil B. Radhakrishnan, J.
Heard.
2. This appeal is filed by the claimant in a motor accident claim.
3. At the tender age of 11 years, the appellant child was injured in a road traffic accident. Medical evidence on record shows that she suffered extensive damage to her left leg with degloving injuries and had to undergo different surgical procedures, including type II open fracture fixation for the bones and muscle transfer by micro vascular surgery procedure. She was in the Specialist Hospital at Ernakulam and later, follow up treatment was in different hospitals in her home town. We have gone through the entire judgment and materials on record. On hearing the learned counsel for the appellant and the respondent, we are satisfied that the award of `25,000/-only towards pain and sufferings is meagre. Having regard to the serious nature of injuries and excruciating pain suffered by a girl of 11 years old, we fix a further amount of `25,000/- towards pain and sufferings. On the question of compensation for disability, the fact of the matter remains that she had suffered 24% disability and had undergone extensive disfigurement of the leg. The disability certified as 24% of the girl child aged 11 years necessarily requires the total compensation for disability being fixed at `1,00,000/- in supersession of the amount awarded by the Tribunal at `54,000/-. Therefore, she is entitled to an enhancement of `46,000/- under the head of compensation for disability. On the question of compensation for loss of amenities, discomfort, inconvenience including disfigurement, we are of the firm view that she is entitled to get an amount of `60,000/-, i.e., `40,000/- in excess of what has already been awarded by the Tribunal. Thus, on the whole, she is entitled to an enhancement of `1,11,000/- (Rupees one lakh and eleven thousand only). The enhanced amount will carry interest at 9% per annum from the date of petition till realisation. The third respondent Insurance Company is directed to deposit the entire amount before the Tribunal concerned within two months from today.
This appeal is ordered accordingly.
Sd/-
THOTTATHIL B. RADHAKRISHNAN JUDGE ks.
Sd/-
BABU MATHEW P. JOSEPH JUDGE True copy P.S.To Judge
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Title

Deepa Mariam Varghese

Court

High Court Of Kerala

JudgmentDate
13 October, 2014
Judges
  • Thottathil B Radhakrishnan
  • Babu Mathew P Joseph
Advocates
  • Sri