IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 MACA.No. 376 of 2005() ---------------------- (AGAINST THE JUDGMENT IN OPMV.340/1998 DATED 21/08/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA) .................... APPELLANT/PETITIONER IN OP(MV) ----------------------------------------------- PRASAND (MINOR), AGED 14 YEARS, REPRESENTED BY HIS NEXT FRIEND AND NATURAL GUARDIAN-FATHER SOMAN, KALARIKKAL HOUSE, PATTANATHARA P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV) ---------------------------------- 1. M.C.DEVASSY, S/O. CHAKKAPPAN, MALAKKARAN HOUSE, PUNKUNNAM, THRISSUR 2. MOHAMMEDALI V.H. S/O HAMZA, VALAYAMPARAYIL HOUSE, PALAPPILLY. 3. THE ORIENTAL INSURANCE CO.LTD., MAHESWARY BUILDINGS, M.G.ROAD, THRISSUR. BY ADV. SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A. No.376 of 2005 --------------------------------- Dated, this the 27th day of August, 2008 J U D G M E N T Ramachandran Nair, J. The appeal is filed for enhancement of compensation for the injury sustained by the appellant while he was 7 years old. The appellant was hit down by an autorickshaw while walking on the road. The appellant's case is that he sustained major injury to the head and the compensation awarded by the MACT is thoroughly inadequate. 2. We have heard learned counsel appearing for the appellant and learned standing counsel appearing for the Insurance Company. 3. Even though disability certificate is issued on account of head injury, no damage is seen noted for the brain. However, we find that the appellant has sustained major injury though not leading to any brain damage. We, accordingly, increase the total compensation to Rs.75,000- as against Rs.51,360/- awarded by the MACT. The Insurance Company is directed to deposit additional compensation with interest @ 7.5% per annum from the date of MACA No.376/2005 -2- application till date of deposit. The appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg