IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 MACA.No. 1990 of 2007(D) ------------------------------- OPMV.2380/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE. .................... APPELLANT/PETITIONER ---------------------------------- HASNA (MINOR) D/O. FATHIMA SUHARA REPRESENTED BY HER MOTHER FATHIMA SUHARA W/O.ABBAS, PARAKKADAVU HOUSE, KULANGARA PANNICODE POST, MUKKOM VIA, KOZHIKODE DISTRICT. BY ADV. SMT.T.V.NEEMA RESPONDENTS: RESPONDENTS --------------------------------------- 1. R.GIRISH, S/O. GOVINDA MENON ANJALI HOUSEM KALAPALAKULAM ROAD KOPPAM, PALAGHAT DISTRICT. 2. THE NATIONAL INSURANCE CO. LTD BRANCH OFFICE, PALGHAT , III RD FLOOR EAST FOR COMPLEX, PIN 678 013. BY ADV. SRI.JOE KALLIATH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1990 OF 2007 = = = = = = = = = = = = = = = Dated this the 8th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2380/00. A minor girl aged 8 years sustained injuries in a road accident. She had sustained a depressed fracture of left parietal bone and contusion on frontal parietal lobe. She was treated as an inpatient in the hospital for 14 days. A perusal of he wound certificate would further reveal that at the time of admission the claimant was drowsy and the first information statement reported by the police would reveal that she was not conscious at that time. So there had been some difficulty for the girl. She was admitted on 26.6.00 and discharged on 10.7.00. The Tribunal has awarded reasonable compensation on all other heads except under the head of loss of amenities. The young girl aged eight years had sustained real head injury and it is a known fact that impact of a head injury some times is not imminent and complications can M.A.C.A. 1990 OF 2007 -:2:- develop in the process of time. So taking into consideration that aspect I feel this is a fit case where at least an amount of Rs.5,000/- has to be awarded towards loss of amenities and enjoyment in life. On all other heads the award of the Tribunal is to be sustained. Therefore the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-