IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 MACA.No. 1231 of 2007() --------------------------------- OPMV.1155/2004 OF PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE O.P(MV) ---------------------------------------------------- T.AMMU, W/O.LATE VELU, AGED 77 YEARS, THANISSERY HOUSE, WEST HILL POST, NEAR KANAKALAYA BANK, KOZHIKODE DISTRICT. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS/ RESPONDENTS IN THE O.P(MV) ---------------------------------------------------------------------- 1. BANAZIR RIYAS, S/O.KUNHAYANKUTTY, AGE NOT KNOWN, RIYAZ MANZIL, NADUVANNUR POST, KOZHIKODE DISTRICT. 2. C.H.BALAKRISHNAN, S/O.KUNHAMBU NAIR, AGED 44 YEARS, CHETHAKKOTTU HOUSE, NADUVANNUR POST, KOZHIKODE DISTRICT. 3. THE UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, WHITE LINES BUILDING, KALLAI ROAD, KOZHIKODE. ADV. SMT.D.GEETHA FOR R3 SMT.K.SHERIN MOHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1231 OF 2007 = = = = = = = = = = = = = = = Dated this the 18th day of August, 2008. 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)1155/04. The claimant sustained injuries in a road accident and he was awarded a compensation of Rs.9,340/-. It is aggrieved by the decision, the claimant has come up in appeal. A perusal of the wound certificate and the C.T. Scan report will show that there was pneumocephelus. Pneumocephelus means presence of air within the skull, usually resulting from a fracture passing through one of the air sinuses. There may be a leak of cerebro-spinal fluid at the site of the fracture manifested as a water discharge from the nose. The claimant was treated as an inpatient in the hospital from 6.5.04 to 30.5.04. She was treated conservatively and at the time of discharge general condition was good. Again she visited hospital with complaint of giddiness and she has taken medicines for giddiness. It is seen that she visited the M.A.C.A. 1231 OF 2007 -:2:- hospital on 12.6.04, 15.7.04 and 26.8.04. She was 74 years old and certainly this would have also aggravated complications of old age. Towards hospitalisation and treatment expenses I enhance the compensation by Rs.1,000/-, for pain and sufferings I enhance it by Rs.2,000/- and certainly it would have caused her loss of amenities and enjoyment in life and she would have been dependent for some time for which I grant Rs.3,000/-. Therefore she will be entitled to an additional compensation of Rs.6,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/- with 6% interest on the said sum from the date of petition till realisation and the insurance 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/-