LAWS(KER)-2015-2-215

SUGUNA K.V. Vs. NATIONAL INSURANCE CO. LTD.

Decided On February 06, 2015
Suguna K.V. Appellant
V/S
NATIONAL INSURANCE CO. LTD. Respondents

JUDGEMENT

(1.) THE appellant, injured in an accident, is before this Court seeking enhancement of compensation. The accident occurred to her at the age of 13 when she was a minor and was a student. But the accident has crippled her life and her faculties. She is unable to move about and lead her normal life and will have to depend upon others even for lifting her up from the bed. This is the position under which she approached the Tribunal for adequate compensation by claiming Rs. 10 lakhs and the Tribunal has granted Rs. 4,35,600/ -.

(2.) THE accident occurred on 15.5.2000 at about 8.45 p.m. at a place Valapattanam. She was proceeding along with her parents to Kalarivathukkal temple. After crossing the NH, when she reached the western side along with the mother the offending vehicle a van bearing Reg. No. KL -7/G 3841 hit down her and she sustained serious injuries. She was initially treated in the Koyili Hospital, Kannur on the same day and thereafter taken to Unity Health Complex, Mangalore on 17.5.2000. She was discharged on 15.6.2000 with incomplete recovery.

(3.) BY relying upon the medical certificates, the learned counsel for the appellant submitted that her condition is pathetic as she had become totally a vegetable. She was a brilliant student of Std. VIII in the school. The documents in support of the same have been produced as Exts. A8 and A9 mark list. She was also excelling in other activities which is clear from Exts. A8 to A27 series which include merit certificates, scholarship certificates, Hindi Praveen Certificate etc.