IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 MACA.No. 159 of 2005() ---------------------- OPMV.841/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT/PETITIONER: ----------------------------- SAPNA (MINOR-AGED 6 YEARS AT THE TIME ACCIDENT), D/O.ALIKOYA, REP. BY FATHER & NATURAL GUARDIAN ALIKOYA, S/O.IMBICHIMAMMOO, PETTAKANDY HOUSE, P.O.ULLIIYERI-673 323, KOYILANDY TALUK. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENTS -------------------------- 1. K.P.MANOJ KUMAR, S/O.RAGHAVAN, AGE NOT KNOWN, KAKKUPARAMBATH HOUSE, KAKKUR P.O., PIN-673 619, KOZHIKODE TALUK, (R.C. OWNER OF KL-11-G-5640 GOODS AUTORIKSHAW) 2. MANOJAN, S/O.CHEKKINI, OMPATHU KANDAMKUNI, P.O.MODAKKALLOOR-673 321, KOYILANDY TALUK, (DRIVER OF KL-11-G-5640 GOODS AUTORIKSHAW)DL 868/93 DB. BADGE NO.271/93. 3. THE NEW INDIA ASSURANCE CO LTD. TRIPURI BUILDING, EAST NADAKKAVE, CALICUT-673 011(POLICY NO.3176060399730) ADV. SRI.N.S.MOHAMMED USMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P. JOSEPH,JJ. ------------------------------------------- M.A.C.A.NO.159 OF 2005 ------------------------------------------ Dated this the 4th day of September, 2008. JUDGMENT Koshy, J: A six year old child sustained very serious injuries in a motor accident due to the negligence of the second respondent, driver of the vehicle insured by the third respondent insurance company. The Motor Accidents Claim Tribunal awarded only an amount of Rs.18,250/= with 6% interest from the date of application against a claim of Rs.1,50,000/= and directed the third respondent insurance company to deposit the amount. The only dispute is regarding the quantum of compensation. Ext.A3 wound certificate shows that the appellant sustained the following injuries: 1. "Contused haematoma right parietal region. 2. Abrasion right wrist. 3. Fracture on the right parietal bone (head injury). 4. Linear fracture on right parietal region. MACA.159/05 . 2 5. internal bleeding. 6. Zeribral concussion. 7. Headache. 8. Backache. 9. Pain all over the body". As she had head injury, she was admitted in the Medical College Hospital for one week. Exts.A3 to A8 are the wound certificate, treatment record, X-ray etc. Very serious injuries were caused to her. According to the claimant, she lost one year study due to the accident. No amount was awarded for permanent disability or loss of earning power. It is true that she was only a student. Percentage of permanent disability was not certified. But the injuries caused will certainly affect her future life. We are of the opinion that at least Rs.5,000/= ought to have been granted for disability and its consequences. She was admitted in the hospital for treatment for a period of one week. It is true that the petitioner has not produced any medical bills. The Tribunal has granted Rs.1,500/= towards medical and hospital expenses inclusive of by-standers expenses. We award Rs.2,000/= more on those counts. Therefore, additional compensation payable will be MACA.159/05 . 3 Rs.7,000/=. The additional compensation of Rs.7,000/= should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit. The above mentioned amount should be deposited in a nationalised bank enabling the appellant to withdraw the same when she becomes major. J.B. KOSHY, JUDGE. THOMAS P. JOSEPH, JUDGE. cl MACA.159/05 . 4