LATHA SURENDRAN Vs. SURENDRAN AND ORS.

JUDGEMENT

(1.) THE appellant is the injured in a motor vehicle accident which occurred on 20.7.2007. She is represented through her mother, since she has been totally incapacitated physically and mentally, on account of the accident. She was a pillion rider on a motor cycle, which her husband, who is the first respondent herein, was riding. The accident is stated to have occurred when her husband applied sudden break while riding the vehicle in high speed, due to which she was thrown away to the road. She sustained very serious injuries and was taken to Medical College Hospital, Thrissur.

(2.) SHE was aged 35 years at the time of accident. The records relating to the treatment as well as the wound certificate show that she had lacerated wound 4 x 1 cm occipital region, lacerated wound 4 x 1cm lateral to the above wound and contused abrasion around the lacerated wound. She had internal cerebral contusion and underwent neuro surgery by craniotomy method. She underwent treatment as an inpatient for a period of 84 days incurring an expenditure of Rs. 1,41,922/ - towards medical expenses alone. She suffered 98.44% permanent disability. The injuries sustained, treatment undergone as well as the pathetic plight of the injured is detailed in Ext. A1 disability certificate issued on 21.01.2013, as follows:

(3.) THIS appeal is filed seeking enhancement of compensation. According to appellant the amounts awarded under various heads including those of future treatment, expenses for bystander, nursing assistant, loss of amenities, etc and the notional income fixed are thoroughly inadequate. Learned counsel for the appellant relied upon a judgment of the Apex Court in Kavitha v. Deepak and others { : (2012) 8 SCC 604} wherein the Apex Court awarded a sum of Rs. 34,38,747/ - in a similar case in which the injured, a 38 year old woman, incurred very serious disabilities and virtually become a vegetable as such. Therein, the Apex Court, after reiterating the principles for awarding just compensation to the victims of accidents, awarded a sum of Rs. 9 lakhs towards medical expenses at the rate of Rs. 3,000/ - per month for a period of 25 years, in addition to a sum of Rs. 6 lakhs towards attendant charges and substantial amounts as compensation towards loss of earnings, future earnings on account of permanent disability, pain and suffering, loss of amenities, etc. in separate heads. The learned Counsel for the appellant therefore sought enhancement in the same manner.