JISMY Vs. PRAKASAN

JUDGEMENT

(1.) A 19 year old girl suffered injuries in an accident caused by the negligent driving of a vehicle owned by the 1st respondent, driven by the 2nd respondent and insured with the 4th respondent. She filed O.P.(MV) No. 2121/2008 before the Motor Accidents Claims Tribunal, Ernakulam, claiming compensation for the injuries suffered by her. The Tribunal, after finding negligence on the part of the driver of the vehicle, awarded compensation under various heads as follows: <FV>JUDGEMENT_1042_TLKER0_2013.htm</FV> Dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant has filed this appeal seeking enhanced compensation.

(2.) THE contention of the appellant is that she was aged only 19 years and the injuries suffered by her in the accident resulted in very prominent scar and deformity on the visible part of her body. It is submitted that, that would considerably reduce her chances of getting a good marriage prospect. It is further submitted that the injuries have resulted in very great pain and also loss of amenities in life, for which adequate compensation has not been awarded. It is also submitted that the compensation for future treatment given is also on the lower side.

(3.) THE injuries suffered by the appellant as per Ext. A101 wound certificate are lacerated wound on the dorsal aspect of (L) head and skin loss. She was treated as in- patient for 23 days in General Hospital, Ernakulam. Her skin loss resulted in a long scar on the visible part of her body. Although she has not suffered any loss of earning capacity as such, because of the injuries, we are of opinion that this scar on the visible part of her body would considerably reduce her chances of getting a good marriage. She is entitled to be adequately compensated for the same. We therefore award Rs. 15,000/- as additional compensation for loss of good marriage prospect.