IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 MACA.No. 598 of 2007(G) ------------------------------------ O.P.(MV).NO.1861/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANTS/CLAIMANT: ------------------------------------- SAHID, AGED 21 YEARS, S/O.ABOOBACKER, PALAKKAPARAMBIL HOUSE, EDAPPALLY NORTH P.O., ERNAKULAM. BY ADV. SRI.M.A.ABDUL HAKHIM. RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. G.SURENDRAN PILLAI, VISMAYA, MOTHER TERESA ROAD, PIUS GIRLS HIGH SCHOOL, EDAPPALLY, KOCHI-24. 2. UDAYA KUMAR, KARIVEETTIL, EDAPPALLY NORTH VILLAGE. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, M.G.ROAD, KOCHI-16. ADV. SRI.JOHN KOSHY FOR R.3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.598 OF 2007 ===================== Dated this the 21st day of August 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)No.1861 of 1999. The claimant, when he was aged 9 years sustained injuries in a road accident. He was treated in the Ernakulam Medical Centre hospital as an inpatient from 24.9.1993 to 29.9.1993. He had diffused cerebral injury and expistaxis and C.T scan reveals that he had minimal bilateral subdural collection, cerebral oedema and bilateral haemoantrum. He had also fracture of one tooth and grade II mobility of other tooth. He was treated with rest, analgesies, antibiotics, mannitol and steroids. The Tribunal awarded him a global compensation of Rs.12,000/- and dissatisfied with the same, the claimant has come up in appeal. If it is done under different heads even accepting the argument that Ext.A7 is for Rs.5,000/- the compensation can be worked out as follows: Medical expenses Rs.5,000/-, bystander and extra nourishment Rs.1,000/-, and pain and suffering Rs.6,000/-. Since there was head injury coupled with fracture of tooth and mobility of tooth there MACA 598/2007 -:2:- would have been loss of amenities and therefore I feel an amount of Rs.3,000/- can be awarded under that head making the total compensation by Rs.15,000/- out of which Rs.12,000/- is already granted. 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/-