IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 MACA.No. 1475 of 2004(C) ---------------------------- OPMV.1341/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): /PETITIONER ---------------------------------- MINOR RINSHA, S/O.BASHEER, CHEEVAKUZHY HOUSE, KOORKKENCHERRY P.O., THRISSUR-7, REP. BY NEXT FRIEND AND GUARDIAN MOTHER NADEERA, W/O.BASHEER, CHEEVAKUZHY HOUSE, KOORKKENCHERRY P.O., THRISSUR-7. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON, SRI.SREEKANTH.K.R ADV. SRI.M.V. THAMBAN APPEARED. RESPONDENT(S)/RESPONDENT: -------------------------------------- 1. E.SUNIL KUMAR, ELUMUTTATH HOUSE, VII/160, KEERANKULANGARA, THRISSUR. 2. SUKESH, S/O.SIDHARTHAN, KUNDOLI HOUSE, PANAMUKKU, NEDUPUZHA P.O., THRISSUR DISTRICT. 3. THE ORIENTAL INSURANCE CO.LTD., IIND FLOOR, T.D.BUILDING, P.B.NO. 158, ROUND WEST, THRISSUR DISTRICT. 4. KRISHNANKUTTY, S/O.SANKARA NARAYANAN, ANCHUMOORTHY, MANGALAM, ALATHOOR, PALAKKAD DISTRICT. 5. THE NEW INDIA ASSURANCE COMPANY LIMITED, 2ND FLOOR, KANJIRATHANAM BUILDING, KATTAPANA-685 508. 6. BINU P.MANI, PENDANATH, NEDUMKANDAM P.O. ADV. SRI.JOY GEORGE FOR R5 SMT.PRAICY JOSEPH FOR R5 SRI.JOHNSON P.JOHN FOR R4 SRI.BABY MATHEW FOR R4 SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1475 OF 2004 = = = = = = = = = = = = = = = Dated this the 7th day of September, 2009. J U D G M E N T Notice to R2 and R6 is dispensed with for the reason that the policies of the vehicle involved in the accident are admitted and there is only a prayer for enhancement of the compensation. 2. This appeal is preferred by an young baby who was hardly 11 months old at the time of the accident. The Tribunal on a consideration of the entire materials granted a compensation of Rs.22,500/- with 6% interest on the said sum from the respondents jointly and severally. It is against that decision this appeal is preferred. 3. The learned counsel for the Oriental Insurance Company is made available before me the wound certificate and the learned counsel for the appellant the disability certificate issued by the Doctor. The wound certificate would reveal that the child, immediately after the accident was admitted in the Amala Hospital, Thrissur and it had an M.A.C.A. 1475 OF 2004 -:2:- abrasion on the chest and face and also boggy swelling of 4 x 4 cm. The C.T. Scan revealed a linear fracture of the left occipital bone. The child was treated in the hospital for three days as an inpatient. The disability certificate at least would indicate that there was a malunited fracture of the occipital bone. It also refers to the vertigo and loss of memory. I am not prepared to accept these two factors for the reason that it may not be possible for a Doctor to assess the loss of memory of a child who was hardly two years at the time of examination. I do not want to shake the disability compensation granted by the Tribunal since it has only accepted 50% what the Doctor has stated. It has to be stated that on account of the fracture of the occipital bone coupled with the long injury on the chest and face the young child would have suffered a lot not only during the period of hospitalisation but during the other point of time as well. Therefore I am inclined to enhance the compensation for pain and sufferings by Rs.2,000/-. Similarly being a girl who had a malunited fracture it may cause disturbance to her as M.A.C.A. 1475 OF 2004 -:3:- days pass on and towards loss of amenities and enjoyment in life I enhance the compensation by Rs.3,000/-. Thus the claimant will be entitled to an additional compensation of Rs.5,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 6% interest on the said sum from the date of petition till realisation and the insurance companies, namely the Oriental insurance company and the New India Assurance Company are directed to deposit the amount in equal halves with interest towards the compensation to the claimant. M.N. KRISHNAN, JUDGE. ul/-