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SHAJITHA v. P.K.KUMARAN - MFA No. 68 of 1999(B) [2007] RD-KL 10515 (18 June 2007)


MFA No. 68 of 1999(B)

... Petitioner


... Respondent

For Petitioner :SMT.M.A.VAHEEDA BABU

For Respondent :SRI.R.T.PRADEEP

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice K.P.BALACHANDRAN

Dated :18/06/2007



M.F.A.No.68 OF 1999 Dated 18th June, 2007



. Appellant/petitioner, at the age of 13, met with an accident by which she sustained serious injuries. She claimed a compensation of Rs.5,00,000/=. The Tribunal awarded only Rs.55,062/= including reimbursement of medical expenses. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company and third respondent was directed to deposit the award amount. Only quantum of compensation is disputed in this appeal.

2. Ext.A3 wound certificate shows that appellant was admitted in the West Fort Hospital, Thrissur with the following injuries:

1. Extensive lacerated wound (R) thigh extending from hip to knee. Involving whole of anterior and lateral aspect exposing muscles with skin loss.

2. Lacerated wound right leg above ankle 5 x 2 x 2cm posterior laterally. Abrasion right side of lower abdomen." MFA.68/1999 2 Ext.A4 shows that two skin grafting operations were conducted. She was treated as an inpatient for 38 days. Ext.A7 is the treatment certificate. The injuries noted in Ext.A7 are fracture to Malleolus (R) apart from the extensive lacerated wound over the lateral aspect of right thigh, right leg and abdomen. It is stated that she sustained open fracture involving lateral malleolus of right ankle. In the disability certificate marked as Ext.A8, doctor has certified that she is having permanent disability of 15% and a partial temporary disability of 30% for the first five months from the date of injury. It is also stated that she has scar over lower 1/5th of leg and ankle as well as an extensive ugly's scar over her right thigh. Tribunal found that she suffered extensive lacerated wound over right thigh extending from hip to knee with skin loss. The healed wound has created an ugly's scar over her right thigh and lower part of leg. According to the appellant, she had to discontinue her study at the level of S.S.L.C. Only Rs.15,000/= was granted for disability and loss of earning capacity even though 15% permanent disability was certified by the doctor. There is no materials to disbelieve the above certificate. Under second schedule Rs.15,000/= only can be taken as notional income of a non-earning person. If calculation is done on a multiplier method taking guidance from the second MFA.68/1999 3 schedule, compensation payable will be Rs.15,000 x 15 x 15 = 33,750/= (See Smt.Supe Dei and others v. M/s.National 100 Insurance Company Ltd. and another (JT 2002 (Suppl.1) SC 451) where it is held that second schedule can be taken for guidance in calculation of compensation under Section 166 also). So, the appellant will be entitled to an additional amount of Rs.23,690/= on this count. The claimant, being an unmarried girl, disfiguration of the leg will certainly affect her prospects of marriage and there is a clear discrimination as there is disfigurement in the entire thigh as well as lower part of the leg. We award Rs.5,000/= as compensation for disfiguration . It is submitted that father and mother of the claimant already died and another operation is needed as it is not completely healed. Only actual medical bills were reimbursed by the Tribunal. There could be many expenses not covered by actual medical bills. Therefore, we award Rs.5,000/= for future medical bills and other treatment expenses already incurred. Thus, total additional compensation payable will be Rs.33,690/=. The above amount of Rs.33,690/=, over and above the decreed amount by the Tribunal, should be deposited by the third respondent insurance company with 8% interest from the date of application till its deposit. On deposit of the amount, MFA.68/1999 4 appellant is entitled to withdraw the same. The appeal is partly allowed. J.B.KOSHY






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