Rika @ Dika v. M.R. Ravichandran And Another
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 MACA.No. 1575 of 2008 ( ) -------------------------- AGAINST THE AWARD IN OPMV 1380/2002 of PRINCIPAL M.A.C.T., KOZHIKODE DATED 23-10-2007 APPELLANT/PETITIONER IN OP (MV):-:
---------------------------------- RIKA @ DIKA (MINOR), AGED 13 YEARS, D.O.B/31.12.1995, REPRESENTED BY HER FATHER AND LEGAL GUARDIAN, K.SIVAN, S/O SANKARAN RESIDING AT KOLLASSERY HOUSE, P.O. THIRUVANNUR, MANARI KOZHIKODE.
BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S):RESPONDENTS IN O.P(MV) ------------------------------------ *1. M.R. RAVICHANDRAN, AGE NOT KNOWN RESIDING AT 48/1072A, PACHALAM, COCHI.(DELETED)
2. NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, AMBIKA ARCADE M.G. ROAD, P.B. NO.89, THRISSUR.
(*R1 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DT.25.2.15 IN I.A.NO.672/2015 AT THE RISK OF THE APPELLANT) R,R2 BY ADV. SRI.JOE KALLIATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R.RAMACHANDRAN NAIR & P.V ASHA, JJ.
----------------------------------------------------- M.A.C.A No.1575 of 2008 ---------------------------------------------------- Dated this the 11th day of March, 2015
JUDGMENT
Asha, J.
The appellant is an injured in a motor vehicle accident which occurred on 08.11.1991. While she was walking along the side of the Kozhikode-Meenchantha road, a bus knocked her down. She was taken to Baby Memorial Hospital, Kozhikode. 2.
The claim petition was filed seeking compensation to the tune of Rs.1,50,000/-. The Tribunal awarded a sum of Rs.4,885/-. This appeal is filed seeking enhancement in compensation. We heard the learned counsel appearing on either side.
3.
It is seen that the appellant sustained injuries when she was aged 6 years. As per the wound certificate Ext.A1, the injury suffered by her is noted as "Fracture on occipital bone and abrasion left forearm". After one day's hospitalisation she was
M.A.C.A No.1575/08 discharged. No further evidence was seen placed before the Tribunal relating to the treatment undergone by her. The Tribunal has awarded a sum of Rs.2,000/- towards pain and suffering, Rs.250/- towards loss of amenities and Rs.500/- towards transportation.
4.
Having regard to the shock and mental agony suffered by appellant at her tender age, on account of the accident and hospitalisation, we enhance the amount of compensation awarded under the head of pain and suffering to Rs.7,500/-. No other modification is found necessary in the facts and circumstances of this case.
Accordingly the appellant will be entitled to a total compensation of Rs.10,383/- which we round off to Rs.10,500/- (Rupees Ten thousand and five hundred only) and the enhanced amount will carry interest @9% per annum from the date of petition. The Insurance Company is directed to deposit the entire amount of compensation within a period of three months from the date of receipt of a copy of this judgment, less the amount already deposited before the Tribunal and on such deposit being made, the claimant can withdraw the amount.
M.A.C.A No.1575/08 The appeal is accordingly allowed. The parties will bear their respective costs in this appeal.
Sd/- T.R.RAMACHANDRAN NAIR Judge Sd/- P.V.ASHA Judge rtr/ /true copy/ P.S to Judge