IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 MACA.No. 590 of 2005() --------------------------------- OPMV.783/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER IN MVOP.783/99: ------------------- AJAI P.SREEDHAR, S/O. SREEDHARAN (MINOR) REPRESENTED BY HIS FATHER P.K. SREEDHARAN, S/O. KELU, PARATHAZHATHU HOUSE, 10TH MILE, VALARA P.O., ADIMALY. BY ADV. SRI.K.P.VIJAYAN SMT.SUMA DEVI SRI.SURESH SAMUEL RESPONDENTS: RESPONDENTS IN MVOP.783/99: ------------------------- 1. A.M.PAREETH, S/O. MUHAMMED, ARACKAL HOUSE, THALAKKODU P.O., KOTHAMANGALAM. 2. P.C. SUDHAKARAN, PAZHAYAMBALATHU HOUSE, VAZHAKULAM P.O., MUVATTUPUZHA. 3. NEW INDIA ASSURANCE CO. LTD., MUVATTUPUZHA. 4. P.P. BABY, PUTHUKUNNEL HOUSE, NERIAMANGALAM P.O., KOTHAMANGALAM. 5. UNITED INDIA INSURANCE CO. LTD., MUVATTUPUZHA. BY ADV. SRI.P.G.GANAPPAN - R3 SRI.N.S.MOHAMMED USMAN - R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.590 OF 2005 ===================== Dated this the 20th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)No.783/1999. The child aged 1½ years sustained injuries in a road accident. It can be seen that the child was treated as an inpatient in the hospital for a period of 2 days. The child had sustained extra dural hematoma. C.T. scan was taken. and at the time of discharge, it is seen that the child had suffered a fracture to the parietal bone with no brain damage. The Tribunal awarded a sum of Rs.14,000/-. Dissatisfied with the same, the appeal is preferred. 2. Heard the learned counsel on both sides. It can be seen that the child had sustained such a fracture on the parietal bone at the age of 1 ½ years and therefore I increase the compensation under the head pain and suffering by Rs.1,000/- making it Rs.10,000/-. Similarly, there would have been loss of amenities and enjoyment in life to the child as well as inconvenience to all on account of the injury sustained for which I grant Rs.2,000/-. Therefore the claimant will be entitled to an additional MACA 590/2005 -:2:- compensation of Rs.3,000/-. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.3,000/- with 7% interest from the date of petition till December, 2000 and thereafter from 1.1.2002 till realisation or in other words, the period of delay caused almost an year is exempted from payment of interest. The insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-