IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 MACA.No. 639 of 2004() ---------------------- OPMV.1186/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): ----------------------------------------------------------- SURESH (MINOR) AGED 15 YEARS, S/O. MURUGAN, REPRESENTED BY HIS NEXT FRIEND & GUARDIAN MOTHER SARASAMMA, VADAKKEPARAMBIL HOUSE, CHENGALLOOR P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY RESPONDENTS: RESPONDENTS IN OP(MV): ------------------------------------------------------------------ 1. MANAGING DIRECTGOR, TAMIL NADU PACKING INDUSTRIES, 2 ANNA STREET, SREENIVASA NAGAR, PADI, MADRAS 600 050. 2. N.SIVAKUMAR, S/O. MARANDI, MOTTUR NEW PILLAYAR KOIL STREET, VELLORA. 3. NEW INDIA ASSURANCE CO., BRANCH NO.710901, PLOT NO.C.33, 2ND AVENUE, NEXT TO POST OFFICE, ANNA NAGAR WEST, MADRAS 600 040. BY ADV. SRI.A.C.DEVY - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.639 OF 2004 ===================== Dated this the 4th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakkuda in O.P.(MV)No.1186 of 1995. A boy aged 5 years sustained injuries in a road accident including fracture on the temporal bone and right extra dural and subdural haematoma. Surgery was effected and a disability certificate is produced. When he was examined in 2000 at the age of 9 years, the boy was getting recurrent seizures and occasional vertigo. The Doctor assessed the disability at 10%. The Tribunal granted a sum of Rs.6,000/- towards compensation for permanent disability. Considering the nature of the injuries and the recurrence of vertigo even after 4 years of accident, I feel there must be some enhancement under the head permanent disability which I enhance by Rs.4,000/-. The compensation awarded under all other heads is just and reasonable. Therefore MACA is partly allowed and the claimant will be entitled to an additional compensation of Rs.4,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is MACA 639/2004 -:2:- directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-