IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 MACA.No. 1440 of 2005() ------------------------------ OPMV.1944/1994 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT/PETITIONER ------------------------------- IJAS, S/O.ABOOBACKERKOYA, PUTHAN PEEDIYEKKAL, KALLAI.P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S)/ RESPONDENTS --------------------------------------- 1. N.P.GOPINATHAN, S/O.KRISHNAN, NALUKDUPARAMBU, PANICKER ROAD, VELLAYIL, KOZHIKODE. 2. N.P.MOHANAN, S/O.JYACHANDRAN, NALUKDUPARAMBU, PANICKER ROAD, DL-NO.7048/93-D, VELLYIL, KOZHIKODE. 3. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, KINGSWAY BUILDING, MAVOOR ROAD, JUNCTION, CALICUT. POLICY NO.441003/322/753/MV/2960/94/NB. R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1440 OF 2005 = = = = = = = = = = = = = = = Dated this the 19th day of October, 2010. 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) 1944/94. A minor boy, aged 6 years sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.38,500/-. It is against that decision the claimant has come up in appeal for enhancement. 2. A perusal of the award would reveal that the boy had sustained a lacerated injury on the occipital region and the evaluation done by the Medical College Hospital revealed that he had a depressed fracture. It is also made clear that loose fragments were removed. The boy is said to have diagnosed as a case of optic atrophy. Optic atrophy is wasting of the optic disc resulting from degeneration of fibers of the optic nerve M.A.C.A. 1440 OF 2005 -:2:- and optic tract. The Tribunal has accepted the disability certificate of 10% and considering the age of the boy applied appropriate multiplier of 15 and granted a disability compensation of Rs.22,500/-. For pain and sufferings Rs.10,000/- was granted, considering the year of 1994 it is reasonable. But no amount has been granted towards loss of amenities and enjoyment in life and I feel a little more amount is required for other expenses. Therefore I award Rs.7,000/- towards loss of amenities and Rs.3,000/- towards other expenses considering the prolonged treatment and the agony which the boy had undergone. Thus the claimant is awarded an additional compensation of Rs.10,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance M.A.C.A. 1440 OF 2005 -:3:- company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-