IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 MACA.No. 401 of 2009() ----------------------------------- OPMV.1740/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): CLAIMANT ----------------------- K.S. SONU BALAN, S/O. BALAN, AGED 18 YEARS, RESIDING T KUNIMAL ASWATHI (H), KANDAKULANGARA VAYAL, CIVIL STATION POST, ERANHIPALAM, KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENT ------------------------- 1. T.K. ABDURAHIMAN, W/O. USMANKOYA, KOLANGARAKANDI HOUSE, THEKKUMTHALA, KASTHRIPARAMBA, KUTTICHIRA, KOZHIKODE. 2. THE NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE -II, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. R1 BY ADV. MR.THOMAS ANTONY R2 BY ADV.MR.LAL GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 401 OF 2009 = = = = = = = = = = = = = = = Dated this the 21st day of December, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1740/02. The claimant, a minor boy aged 11 years sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.9,500/-. Dissatisfied with the same the claimant has come up in appeal. 2. A perusal of the award would reveal the boy had sustained an injury on the head and the C.T.Scan revealed extra dural haematoma and thickness on the right temporal lob. There was disability certificate issued by a Medical Board constituted which fixed it at 30%. I am afraid that whether for a haematoma there would be 30% disability unless it is accompanied by some other problem or post traumatic complications. In head injury cases generally one finds some development of post traumatic epilepsy. But these are all matters which have to be established by cogent M.A.C.A. 401 OF 2009 -:2:- evidence. The court insisted to examine one particular Doctor, Dr.Rajagopal who was a member of the Medial Board. The claimants were only prepared to examine another Doctor Suresh who was a member of the Medical Board and the resultant effect was granting of inadequate compensation. I do not want to elaborate on that. The percentage of disability is not properly established but at any rate since the person has sustained some disability I feel in the fitness of things at least a minimum disability of 5% can be taken in this case. When it is a minor boy, only the annual income of Rs.15,000/- can be taken. With 5% disability and multiplier of 15 it would make the disability compensation at Rs.11,250/-. Over and above this I enhance the compensation for pain and sufferings by Rs.2,000/- thereby entitling the claimant to get an additional compensation of Rs.13,250/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.13,250/- with 7.5% interest on the said sum from the M.A.C.A. 401 OF 2009 -:3:- date of petition till realisation. I make it clear that the interim award amount paid has to be adjusted as well. If any amount remains to be deposited, over and above the amount deposited let it be deposited by the insurance company within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-