IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 MACA.No. 1238 of 2004() ----------------------- OPMV.1142/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ------------------------------------- ANSAD, S/O. ISMAIL, PUTHUPPARAMBIL HOUSE, VAKKACHENPADY, CHETHIPPUZHA P.O., CHANGANACHERRY. BY ADV. SRI.V.K.SUNIL RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. GUNASEKHARAN @ KANNAN, S/O. PAZHANI APPAN ACHARI, LAKSHMI NIVAS, PERUNNA, CHANGANACHERRY. 2. G.R.SHAJI S/O.RAMACHANDRAN, GREE VILASAM, NEDUMANNY, KOTTAYAM. 3. UNITED INDIA INSURANCE CO.LTD., KOTTAYAM. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1238 OF 2004 ===================== Dated this the 4th day of July 2008 JUDGMENT This appeal is preferred against the award of th Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.1142 of 1996. The claimant when he was aged about 8 years in the year 1985 sustained injury in a road accident and filed the claim petition in the year 1996. The Tribunal awarded him a compensation of Rs.12,000/- and dissatisfied with the same he has come up in appeal. 2. A perusal of the discharge card and the certificate issued by the Medical College Hospital, Kottayam would show that he was treated as an inpatient from 28.8.1985 to 23.9.1985. He had undergone emergency operation for the depressed fracture of the skull on the right parietal region and there was some weakness on the left side. Except this document, there is nothing else to prove that the boy had gone for further treatment after 1985 so as to hold that the boy had sustained some disability. The boy had not gone for further treatment after 1985 At the time of discharge the boy was able to walk with support but there was unsteadiness of the gait. When MACA 1238/2004 -:2:- he was examined in 2004, the boy would say that he is having head ache. The Tribunal has awarded Rs.10,000/- towards pain and suffering and granted an amount of Rs.1,500/- for treatment expenses though no bill has been produced. The boy aged 8 years on account of the depressed fracture of the skull would not have been able to play and enjoy. Therefore I grant Rs.3,000/- towards loss of enjoyment in life. Therefore the claimant will be entitled to an additional compensation of Rs.3,000/-. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.3,000/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-