Court determines compensation enhancement in an accident claim based on injuries and suffering of the minor claimant.

JUDGMENT

This appeal has been filed by the claimant in OP(MV) No.420 of

2010 on the files of the Motor Accidents Claims Tribunal, N.Paravur, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. The case of the claimant was that on 29.01.2010, while she was walking along with her mother, a motorcycle bearing Reg.No.KL-42-C-3046 ridden by the second respondent in a rash and negligent manner, hit her, whereby she sustained serious injuries. She approached the tribunal claiming a total compensation of ₹1,00,000/-.

3. Respondents 1 and 2, who are the owner and rider of the offending vehicle respectively, remained ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. Exts.A1 to A6, B1 & B2 were marked. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the rider of the offending vehicle and awarded a sum of ₹25,500/- as compensation under different heads with interest @ 8% per annum from the date of petition till realization, against the third respondent being the insurer. Dissatisfied with the quantum of compensation awarded by the tribunal, the claimant has come up in appeal.

4. I have heard the learned counsel for the appellant and the learned Standing Counsel for the respondent insurer.

5. The learned counsel for the appellant claims enhancement under the following heads:

5.1. Loss of earnings of parents - On a perusal of the impugned award, it is seen that the tribunal has not awarded compensation towards loss of earnings to the parents. The appellant was only three years old at the time of the accident. Considering the above fact, I find it appropriate to award a consolidated compensation of ₹20,000/- towards loss of earnings of parents.

5.2. Pain and suffering - The learned counsel for the appellant submits that though the appellant claimed ₹40,000/- towards pain and suffering, the tribunal awarded only ₹7,500/-. It is seen that the appellant sustained a lacerated wound on the forehead and pain and tenderness on the right side of chest. Considering the injuries sustained by her and the sufferings that she had undergone, I am inclined to grant an amount of ₹30,000/- to the appellant as total compensation towards pain and suffering. Thus, the appellant will be entitled to get an additional amount of ₹22,500/- as compensation towards pain and suffering.

5.3. Loss of amenities - Though the appellant claimed an amount of ₹40,000/- under this head, the tribunal awarded only an amount of ₹1,000/-, which, according to the appellant, is on the lower side. Considering the injuries sustained by the appellant and her age, I deem it appropriate to award a total compensation of ₹30,000/- towards loss of amenities. Thus, the appellant will be entitled to get an additional amount of ₹29,000/- towards loss of amenities.

5.4. Extra nourishment - The learned counsel for the appellant submits that the tribunal awarded only a compensation of ₹1,000/- towards extra nourishment, which is on the lower side. Considering the fact that the accident was in the year 2010, I deem it appropriate to award a consolidated compensation of ₹5,000/- towards extra nourishment. Thus, there will be an additional compensation of ₹4,000/- under this head.

6. Though the appellant claimed enhancement of compensation under other heads as well, on a perusal of the records available and the impugned award, I am not inclined to interfere with the same since it appears to be just and reasonable.

7. Since the appeal is of the year 2016, I fix interest on