IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 MACA.No. 1665 of 2004() ----------------------- OPMV.1235/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER ------------------------------------ ANCY LOUIS (MINOR) D/O.LOUIS, AMBADAN HOUSE, KUZHIKKATTUKONAM PO, MADAIKONAM, IRINJALAKUDA, THRISSUR DISTRICT., REPRESENTED BY NEXT FRIEND GUARDIAN MOTHER DAISY, W/O.LOUIS, AMBADAN HOUSE, KUZHIKKATTUKONAM P.O., MADAYIKONAM, IRINJALAKUDA,THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.SREEKANTH.K.R RESPONDENTS/RESPODENTS: -------------------------------------------- 1. SAJI.C.T., S/O.ITTIAN, CHAKKALAKKAL HOUSE, KUZHIKKATTUKONAM, MADAYIKONAM P.O., THRISSUR DISTRICT. 2. THE MANAGER, ORIENTAL INSURANCE CO.LTD., P.B.NO. 158, MAHESWARI BUILDINGS, III FLOOR, M.G.ROAD, THRISSUR. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1665 OF 2004 ===================== Dated this the 11th day of December 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakkuda in O.P.(MV)No.1235 of 1999. A minor girl aged 7 years sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.17,000/-. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the counsel for the appellant as well as the counsel for the insurance company. A perusal of the award would reveal that the child had extra dural haematoma on the right temporal region, contusion right parietal occipital area of scalp, contusion right temple extra dural haematoma, undisplaced fracture to the right occipital bone, etc. She had expended Rs.3,970/- for medicine. A disability certificate had been produced for 10% and the Doctor had been examined as PW3. The Doctor had deposed that the patient was found to have recurrent attacks of head ache and he had further opined that extra dural haematoma may develop epilepsy and other complication later. The Tribunal held that since there MACA 1665/2004 -:2:- was no epileptic complaint till that time it is not relying on that disability certificate. Neuro cases are always complicated cases which involves the nervous system and one cannot rule out the possibility of a post traumatic epilepsy especially when there had been a fracture on the occipital bone with extra dural haematoma which required evacuation. A Neuro Surgeon, a competent authority who had treated the patient had deposed about the possible disability that may occur to the child. For that matter any head injury is a complicated one and therefore some weight has to be given when a Doctor certifies regarding the possibility of a development later. Therefore I fix the disability at 5%, take the notional income of Rs.15,000/-, apply a multiplier of 15 and fix the disability compensation at Rs.11,250/-. Towards loss of amenities and enjoyment in life, I grant Rs.3,000/- and I further grant a sum of Rs.2,000/- towards pain and suffering. So far as the disability plus loss of amenities is concerned, already an amount of Rs.5,000/- is awarded. So the enhanced compensation would come to Rs.9,250/- + Rs.2,000/- making the total of Rs.11,250/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.11,250/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a MACA 1665/2004 -:3:- copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-