The court emphasizes that compensation must adequately reflect the severity of injuries and the consequent suffering faced by the claimant, leading to adjustments in the awarded amount.

JUDGMENT

This appeal has been filed by the claimant in OP(MV)

No.242 of 2008 on the file of the Motor Accidents Claims Tribunal, Thodupuzha, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. According to the claimant, on 23.03.2008 at about

11.10 a.m, while the claimant was travelling in a motorcycle bearing Reg. KL-38/5626 along the Pala-Thodupuzha road, a KSRTC bus bearing Reg. No.KL-15/4424 driven by the first respondent in a rash and negligent manner, hit on the motorcycle, whereby she sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹5,25,500/- limited to ₹4,00,000/-.

3. The first and second respondents/the driver and the registered owner of the offending vehicle, respectively, filed a written statement contending that the accident occurred due to the negligence of the rider of the motorcycle and disputing the compensation claimed and denying negligence. Before the tribunal, Exts.A1 to A25 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 driver of the offending vehicle and awarded a sum of ₹1,33,165/- with interest @8.5% per annum as compensation under different heads against the 2^nd respondent/owner. 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 2^nd respondent/KSRTC.

5. The appellant claim enhancement mainly under the following heads :-

Pain and suffering:- The learned counsel for the appellant submitted that though an amount of ₹50,000/- was claimed towards pain and sufferings, the Tribunal has awarded only an amount of ₹20,000/-. The learned counsel for the appellant submitted that, due to the serious injuries sustained by the minor child, she had to undergo severe pain and sufferings. The claimant sustained scalp avulsion with tissue loss. Considering the injuries sustained by the appellant, I am inclined to grant a total amount of ₹30,000/- to the appellant as a total compensation towards pain and suffering. Thus, the appellant will be entitled to get an additional amount of ₹10,000/- as compensation under this head.

Loss of amenities :- On a perusal of the award, it is seen that the Tribunal has awarded only an amount of ₹25,000/- towards loss of amenities. Considering the injuries sustained by the appellant and the loss of enjoyment in life, I deem it appropriate to award a total compensation of ₹40,000/- towards loss of amenities. Since the tribunal has awarded only an amount of ₹25,000/- under the afore head, there will be an additional amount of ₹15,000/- under the head loss of amenities.

Loss of dis-figuration:- The learned counsel for the appellant submitted that due to the injury, the child had baldness on her scalp. She was only 2 ½ years old at the time of the accident and there is dis-figuration on her head. However, an amount of ₹1,50,000/- was claimed, the tribunal awarded only an amount of ₹50,000/- towards dis-figuration. Considering the afore facts, I find it appropriate to award a total amount of ₹75,000/- towards loss of dis-figuration. Since the tribunal has awarded only an amount of ₹50,000/- under the afore head, there will be an additional amount of ₹25,000/- under the head loss of amenities.

6. Though the appellant claimed enhancement of compensation under the other heads, on a perusal of the records available, I am not inclined to interfere with the compensation awarded by the tribunal under other heads since it appears to be just and reasonable. Sin