FATHIMAHANNA Vs. M.K.JITHIN

JUDGEMENT

(1.) THE petitioner, an unfortunate minor girl aged 7 years, in O.P.(MV) No. 1097/2009 on the file of the Motor Accidents Claims Tribunal, Manjeri, is the appellant herein. The appellant preferred the claim petition through her guardian mother, for compensation for the injuries and consequential disabilities sustained by her in a motor vehicle accident caused on account of the rash and negligent driving of a vehicle by the 1st respondent, owned by the 2nd respondent and insured with the 3rd respondent. After considering the evidence on record, the Tribunal found that the accident was due to the rash and negligent driving of the 1st respondent and awarded a total compensation of Rs. 13,606/- under various heads as follows: <FRM>JUDGEMENT_1099_TLKER0_2013.htm</FRM> Dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant has come before this Court with the above appeal.

(2.) SINCE the insurance liability is admitted, we felt that the appeal can be disposed of after hearing counsel for the Insurance Company as well at the admission stage itself and dispense with notice to respondents 1 and 2.

(3.) COUNSEL for the appellant submitted that the appellant sustained two fractures and the medical board assessed 1% functional disability and these aspects were not properly considered by the Tribunal. Though the appellant incurred huge amount for treatment, she could not produce all the medical bills so that the amount awarded under the head 'medical expenses' is low. The amount awarded for 'pain and suffering' is also palpably low and no amount has been awarded under the heads 'loss of earning capacity' and 'loss of amenities in life' as well. So, according to counsel for the appellant, the appellant is entitled to get enhancement on all heads.