IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 MFA.No. 872 of 2002() -------------------------------- OPMV.589/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: PETITIONER IN O.P.(MV): ---------------------- SUMESH, S/O.SOORYAN, CHENNASSERY HOUSE, VELLANGALLUR P.O., MUKUNDAPURAM. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDANT IN O.P.(MV): ------------------------- 1. SIVADASAN, S/O.KRISHNANKUTTY MENON, KUZHIKATTU HOUSE, KONATHUKUNNU P.O. 2. C.V.JOLLY, S/O.VARGHESE, CHIRAKKAL HOUSE, ARIPPALAM. 3. ORIENTIAL INSURANCE COMPANY, MANAPPAT BUILDING, NORTH NADA, KODUNGALLUR. BY ADV. SRI.T.N.MANOJ - R1 SRI.DINESH R.SHENOY - R1 SRI.ANCHAL C.VIJAYAN - R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.No.872 OF 2002 ------------------------------------- Dated the 11th June, 2008 J U D G M E N T Koshy,J . Appellant/claimant, at the age of 13, sustained injuries in a motor accident on 2.12.1994. He filed an application claiming compensation of Rs.1,50,000/-. Tribunal awarded only Rs.28,000/- as compensation. He was only 13 years old at the time of accident. He was a student. He was treated as inpatient in the Medical Trust Hospital till 13.12.1994. As a result of the accident, he sustained compound depressed fracture of right frontal bone. Ext.A5 wound certificate shows the following injuries: “1. Lacerated wounds over the right parietal area and the scalp. 2. Compound depressed fracture right frontal bone. 3. Fracture was corrected by surgery under general anesthesia.” MFA.872/02 2 Ext.A6 certificate issued by the Doctor shows that he was operated for compound depressed fracture of right frontal bone and there was anticonvulsants for two years. Ext.A7 O.P. ticket issued from the Medical College Hospital, Trichur, shows that he was under follow up treatment even in 1996. Ext.A9 medical certificate issued by the Neuro Surgeon, Medical College Hosptial, Thrissur, shows that even in 1999, he was treated for post traumatic head ache. We have asked the claimant to be present here. Even now, we can see that there was depressed fracture of right frontal bone. He stated that even though he is running an autorickshaw now, he cannot drive for long hours as he got head ache. Since he cannot starve with the difficulties, he is doing the work for limited period. Percentage of disability was not assessed by the Doctor. Tribunal did not award any amount for permanent disability and loss of earning capacity. Considering the injuries sustained by him, long treatment undergone by him and difficulties expressed by him, we are of the opinion that atleast Rs.15,000/- ought have been awarded for permanent disability and loss of earning power and we are not MFA.872/02 3 enhancing compensation granted under other heads. The above amount of Rs.15,000/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit over and above the decreed amount by the tribunal. On deposit of the amount, appellant is allowed to withdraw the same. Appeal is accordingly partly allowed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp MFA.872/02 4 J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.No.872 OF 2002 ------------------------------------- J U D G M E N T 11th June, 2008