IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2156 of 2006()
1. NITHA (MINOR), D/O.RAVEENDRAN,
... Petitioner
Vs
1. RAJAN, S/O.GOVINDAN,
... Respondent
2. THE HEAD MASTER,
3. M/S.THE UNITED INDIA INSURANCE CO. LTD.,
For Petitioner :SRI.BINOY VASUDEVAN
For Respondent :RAJAN, PALAKKAD DIST. (PARTY)
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :20/11/2008
O R D E R
C .N. RAMACHANDRAN NAIR &
HARUN-UL-RASHID, JJ.
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M.A.C.A. No. 2156 OF 2006
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Dated this the 20th day of November, 2008
JUDGMENT
Ramachandran Nair,J.
Appeal is filed for enhancement of compensation for the injuries
sustained by the appellant who was a school student aged 12 years at
the time of the accident. The total compensation awarded is Rs. 91997/-
out of which Rs. 60247/- accounts for medical expenses incurred by the
appellant. Counsel for the appellant submitted that balance
compensation is thoroughly inadequate even to take care of future
treatment including plastic surgery later required for cosmetic
correction. We have gone through the award and we notice that
appellant sustained major injuries and fracture of various bones of her
face. Even though she has not suffered any permanent disability
appellant had temporary disability including problem for the vision
which was corrected by fixing glass. Considering visual damage and
deformity we feel appellant is entitled to higher compensation for loss
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of amenities in life and being a female child for loss of prospects in
marriage. Besides this counsel has prayed for compensation for cost of
future treatment. However, in the absence of any evidence about
treatment required such as plastic surgery, we are unable to grant any
specific amount under this head. Considering the claim, we enhance
the total compensation by Rs. 30,000/- which will carry interest at the
rate of 7.5 per cent per annum from the date of application till date of
payment.
Appeal stands allowed to the above extent.
(C.N.RAMACHANDRAN NAIR)
Judge.
(HARUN-UL-RASHID)
Judge.
kk
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