IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 M.A.C.A.No. 33 of 2006(A) --------------------- O.P.(MV).589/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/PETITIONER: --------------------- SONIA JOHN (MINOR) D/O. JOHN, AGED 9 YEARS, OOROTHU HOUSE, RAJAKUMARY, REP. BY HER FATHER JOHN MANUEL, RESIDING AT DO. DO. BY ADV. SRI.C.K.VIDYASAGAR RESPONDENTS/RESPONDENTS: ----------------------- 1. K.M. PAULOSE, SINI TOURIST HOME, ADIMALY, IDUKKI DISTRICT. 2. MYTHEEN M.A., S/O. M.M. ALIYAR, MANALAMPARAYIL, NELLIMATTOM P.O. 3. THE UNITED INDIA INSURANCE CO. LTD., KALLARKUTTY ROAD, ADIMALY. BY ADV. SRI.P.V.JYOTHI PRASAD - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 33 OF 2006 --------------------- Dated this the 27th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thodupuzha, in OP(MV) 589/03. The claimant, a minor girl aged 9 years, sustained injuries in a motor vehicle accident and the Tribunal had awarded a compensation of Rs. 23,500/-. It is against that decision, the appellant has come up in appeal. 2. The Tribunal held that the claimant has not examined by a Medical Board. But nevertheless it granted Rs.6,750/- towards disability. Whether it is adequate is the only question that has to be looked into. It is clear from the documents available that there was no visual disability. But it is noted by the Doctor that a slight ptosis was noted in the left eye, which according to him may be from the RTA. It also held that there has been a post traumatic headache as certified by the doctor of the Medical Mission Hospital. This ptosis is an abnormal condition of one or both upper eyelids in which the eyelid droops because of a congenital or acquired weakness of the levator muscle or paralysis of the third cranial nerve. Similarly, a post MACA No.33/06 2 traumatic headache, that too on a young girl aged 9 years, can be on account of the injuries sustained in the accident. It can be seen that the girl had a black eye left which is indicative of an injury on the front side of the head. Further, it has to be held that being a young girl she would have been prevented from attending her normal activities and also could have been deprived of her normal enjoyment. It is true that disability certificate is not produced. But the evidence available shows the presence of a traumatic headache as well as ptosis. Therefore taking into consideration those aspects, I feel the total compensation awarded to the claimant should have been Rs.30,000/- for which only an amount of Rs.23,500/- is granted. Therefore, I enhance the compensation by Rs.6,500/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,500/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.33/06 3