IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 1707 of 2006() ----------------------- OPMV.3530/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S)/PETITIONER: ----------------------------------- JOHN, S/O.LATE THOMAS, UNSOUND PERSON, REPRESENTED BY GUARDIAN MOTHER MARY, KANNAMPUZHA HOUSE, ELINJIPRA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S)/RESPONDENTS: --------------- 1. MANAGING PARTNER, PYNADATH FINANCE CORPORATION, SOUTH JUNCTION, CHALAKUDY. 2. DAVIS, S/O. KAUVNGAL CHACKO, KUTTIKKAD, VIA.PARIYARAM, MUKUNDAPURAM TALUK. (DELETED) 3. MANAGER, UNITED INDIA INSURACEN CO.LTD., CHALAKUDY. (R2 IS DELETED FROM THE PARTY ARRAY AT THE RISK OFD THE PETITIONER AS PER ORDER DATED 1.1.2008 IN I.A. NO.3098/2007 ADVS. SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 1707 OF 2006 --------------------------------------------------------- Dated this the 12th day of November, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed against the revised orders passed by the Motor Accidents Claims Tribunal, Irinjalakuda after one round of appeal against the original award before this Court. In the revised proceedings, the Tribunal examined the injuries and found that the injured had become mentally retarded. In fact on going through the award, we find that the injured when examined was not in a position to answer questions in a sensible and logical manner. He could not even state his age correctly. Even though doctors have certified disability at 74%, it is a case of 100% disability as the injured will not be able to do anything useful in life. He has become a permanent dependent to his mother who is the only surviving parent and, therefore, enhancement of compensation is called for. 2. The injured was only nine years when he sustained injuries in the accident. Counsel appearing for the Insurance Company pointed out that M.A.C.A. NO. 1707/2006 2 there is nothing to indicate that the injured had any extraordinary talents and that he was only an average student. Nine years is certainly too early a stage to ascertain the potential of a child. In any case, it is a difficult job to estimate the actual loss of earning in the case of a child. However, we feel in this case, compensation should be such as to yield a reasonable regular return for the mother to take care of the dependent son. We, therefore, enhance the compensation by Rs.1,00,000/-. The additional compensation granted by us will carry interest at the rate of 7.5% per annum from the date of application till date of payment. The Tribunal is directed to ensure that maximum amount is deposited in long term deposit so that the mother of the appellant gets maximum interest to take care of the child. Since the State Treasury gives monthly interest, the Tribunal should consider depositing the amount in the State Treasury instead of in a bank where interest fluctuates more frequently. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO. 1707/2006 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO.1707/2006 JUDGMENT 12th November, 2008 M.A.C.A. NO. 1707/2006 4