The appellant girl, while travelling along with her parents by a car, met with a serious road traffic accident. She lost her mother, and her father also sustained injuries. She sustained very serious injuries all over her face and other portions of her body. At the time of accident, she was only 11 years old. 2. The appellant is dissatisfied with the quantum of compensation granted by the Motor Accidents Claims Tribunal, Kozhikode through the impugned award in O.P.(M.V.) No.1122 of 2006.
3. According to the appellant, she has suffered severe dis- figuration which has marred even her proper marriage prospects. She was treated at the Medical Trust Hospital, Ernakulam and thereafter she was shifted to Al-Shifa Hospital, Perinthalmanna. She had undergone a series of surgeries: still, dis-figuration persists. Over and above the said dis-figuration, she had sustained a fracture of calcanium right, multiple lacerated wound over the back and neck, and multiple abrasions over back and extremities. Ext.A2 is the wound certificate issued from the Medical Trust Hospital, Ernakulam. Ext.A3 is the discharge summary. Ext.A6 is the certificate issued from Santhi Hospital, Kozhikode. Ext.A11 is the photograph of the girl which clearly depicts the severe nature of numerous scars happened to be there all over her face. Even if modern techniques in treatment like skin grafting are applied, it may not be possible in the normal course to suppress the numerous severe scars on her face.
4. Ext.A8 series are the medical bills for `5,157/- issued from the Medical Trust Hospital, Ernaklam, and for `483/- issued from Santhi hospital, Kozhikode. The Tribunal has observed in the award that no objection has been raised against the medical bills produced. Despite, it seems that no amount has been granted for reasons best known to the Tribunal only. For pain and sufferings, `13,000/- only has been awarded. For future treatment for dis-figuration, a meagre amount of `12,000/- is seen awarded. Presently, the appellant is challenging mainly the denial of medical expenses proved through Ext.A8 series and also the insufficiency of the amount granted towards pain and sufferings, as well as the future treatment for dis-figuration etc. When considering Ext.A8 series, there is absolutely no reason to deny such medical expenses covered by Ext.A8 series. She had to undergo a series of surgeries for correction and cure of the scar on her face, moreover she had sustained fracture of calcancum right. Considering the pain and sufferings, it seems that the amount granted in the award by the Tribunal is not adequate. An amount of `25,000/- can be granted as compensation towards pain and suffering. As stated above, the face of the girl is still with full of scars, numerous in number which in fact diminishes her proper marriage alliance also. Series of surgeries are still required for correction and cure. The amount of `12,000/- granted by the Tribunal towards expenses for future treatment and for dis-figuration of face is too low. Over and above, the amount granted by Tribunal, an amount of `25,000/- has also to be granted towards the said head. Matters being so, the appellant is entitled to get an amount of `42,640/- more as additional compensation over and above the amount granted by the Tribunal in the impugned award.
In the result, this appeal is allowed and an additional compensation of `42,640/- with an interest at the rate of 9% per annum from the date of petition till the date of payment is hereby awarded. The third respondent herein who is the insurer shall pay the additional amount of compensation awarded.
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B.KEMAL PASHA, JUDGE dl // TRUE COPY //