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2023 Supreme(Ker) 210

DEVAN RAMACHANDRAN
ANEESHA MOL H. W/O SHAREEF – Appellant
Versus
NAJEEM @ NEJUMON S/O HAMEED KUTTY – Respondent


Advocates:
Advocate Appeared:
For the Appellants : SUMATHY DANDAPANI, MILLU DANDAPANI.
For the Respondents: R. LEELA, SEBASTIAN VARGHESE, N.S. NAJEEB.

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. This case presents a text book example of how a careless road accident can destroy people and families.

2. On 19.04.2014, when little Amaah Feram - who was just one year old - was travelling along with her mother in a car, it was rammed into by the offending pick-up van, which was travelling in the opposite direction, driven in a rash and negligent manner. The aftermath of the injuries suffered by little Amaah Feran is such that it has left her in a vegetative state ever since; and by the way things are now presenting, her condition may not improve. She, along with her mother, filed OP (MV) No. 1444/2014, before the Motor Accidents Claims Tribunal, Kollam (hereinafter referred to as ‘the Tribunal’ for short), seeking compensation of an amount of Rs. 50,00,000/- but which has been awarded only to a sum of Rs. 20,72,445/-.

3. The appellants assail the compensation awarded by the learned Tribunal as being woefully inadequate, particularly because little Amaah Feram requires full time assistance and is surviving with the aid of several life-preserving articles including diapers, catheters and such other.

4. Smt. Sumathi Dandapani, learned Senior Counsel,

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