IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 MACA.No. 1310 of 2008() ----------------------- OPMV.237/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/ PETITIONER : --------------------------- RONY, S/O.SIBI JOHN(MINOR), KUNJUVEETTIL HOUSE, VAZHAKULAM PO., MUVATTUPUZHA TALUK, REP. BY HIS FATHER SIBI JOHN, RESIDING AT DO. BY ADV. SRI.C.K.VIDYASAGAR SRI.P.CHANDY JOSEPH RESPONDENTS/ RESPONDENTS: -------------------------------------- 1. SONY JOSEPH, MAPPALAKKAYIL HOUSE, MULAKOMBU KARA, KUMARAMANGALAM VILLAGE (OWNER-CUM-DRIVER) 2. THE ORIENTAL INSURANCE COMPANY LTD., THODUPUZHA, POLICY NO.164 2004. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1310 OF 2008 --------------------------------- Dated this the 10th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Thodupuzha in O.P.(MV) No.237/2004. A minor boy aged 5 years sustained injuries in a road accident and he has been awarded a compensation of Rs. 53,600/- out of which Rs. 15,000/- relates to medical expenses alone. The boy was treated as inpatient in the hospital with head injury for the period from 24.1.2004 to 11.2.2004. A Neurosurgeon who treated him, issued certificate on 28.7.2007 stating that the boy is still suffering from post traumatic headache on account of the accident. The doctor was also examined before the Tribunal. The doctor would depose that the boy had sustained temporal contusion, frontal contusion and post traumatic headache. The doctor had further deposed that the boy was repeatedly coming to him with complaints of headache and memory impair. According to the doctor, as it has developed after the accident, it may be related to the injuries sustained in the accident. He would further depose that the post traumatic headache which persists beyond two years is likely to be M.A.C.A.No. 1310 OF 2008 -2- permanent injury. It is true that he had also suffered from loss of memory. The young boy at the age of 5 years has sustained head injury and suffered post traumatic epilepsy as well as head ache. The headache still persists and treatment is being taken. But the sustainment of injury which caused epilepsy or a permanent headache is visibly a bad sign that too at the age of 5. So some compensation in such cases have to be given to the claimant for loss of amenities and enjoyment in life. It is true that the Tribunal considered disability at 5% and granted him compensation fixing the notional income at Rs. 15,000/- per annum. But Tribunal should have taken into consideration the loss of amenities and the loss of real prospects in life which may occur in life, on account of a head injury. The accident had taken place in 2004 January and the boy has continued treatment till 2007 for the complaint of the head ache and loss of memory. So I think it is a fit case where an amount of Rs. 10,000/- can be awarded towards compensation for loss of amenities and enjoyment in life. On all other heads the Tribunal had been given very reasonable compensation. In the result, the M.A.C.A is partly allowed and the claimant is entitled to get an additional compensation of Rs.10,000/- with 6% M.A.C.A.No. 1310 OF 2008 -3- interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN, JUDGE vkm