IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 MFA.No.687 of 2001 (B) ---------------------------- OP(MV).1152/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: ------------------------------ MINOR VIPEESH, REP. BY HIS MOTHER & GUARDIAN PUSHPA, W/O VASUDEVAN, PANDARATHIL HOUSE, VIYOOR P.O., THRISSUR. BY ADV. SRI.T.N.MANOJ SRI.DINESH R.SHENOY RESPONDENTS/RESPONDENTS: ------------------------------------- 1. JAISON P.V., S/O A.P.VARGHESE, VIII/97, PADAVAN HOUSE, ANJANGADI, EAST FORT, THRISSUR. 2. SIMON M.P., S/O LATE M.C.PORINCHU, MALIAKKAL MOLAKAN HOUSE, THERISA BHAVAN, PERINGAVU, THRISSUR. 3. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, KURUPPAM ROAD, THRISSUR. BY ADV. SRI.MATHEWS JACOB(SR),SC INSURANCE(B/O) SMT.RAJI T.BHASKAR FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. F. A. No.687 of 2001 ------------------------------------------------ Dated this the 13th day of August, 2008 JUDGMENT J. B. Koshy, J The appellant/claimant sustained injuries at the age of 8 due to a motor accident. The Tribunal awarded a compensation of Rs.12,000/- with 12% interest from the date of application i.e. from 14/08/95 till the date of deposit. The award was passed on the 26th day of August, 2000. The major contention raised in this appeal is that no amount was awarded for permanent disability and there was permanent disability apart from multiple abrasion on the forehead. There was no fracture. But there was contusion of the right forehead and the M. F. A. No.687 of 2001 -2- contention of the appellant was that his memory power was lost due to the accident. Therefore, we directed the Superintendent, Medical College Hospital, Thrissur to constitute a Medical Board consisting of a Specialist in Neurology as well as Psychiatrist for examining the appellant/ claimant in detail. Accordingly, a Medical Board was constituted and the Medical Board certified that neurological examination revealed, normal sensorium, normal cranial nerve functioning and no focal neurological deficits. Mental status shows that he has conscious, oriented, in touch with surroundings, co-operative well dressed and groomed, with apathetic mood. No delusions or M. F. A. No.687 of 2001 -3- hallucinations could be elicited. There was normal memory and judgement with mild deficits in arithmetic ability and I.Q was 88%. The Medical Board also certified that there is no evidence found to state that difficulties are consequences of the injuries sustained in the accident. In the circumstances, there is no merit in the appeal and the appeal is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-