IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 MACA.No. 1288 of 2009() ----------------------- OPMV.34/2004 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN THE OP(MV): ------------------------------------------------------------------- AFEEFA (MINOR), AGED 11 YEARS, REPRESENTED BY MOTHER FATHIMA, VELIKKEL HOUSE, NADAKKAVU POST, KOZHIKODE. BY ADVS. MR.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN THE OP(MV): ---------------------------------------------------------------------------- 1. VIJAYAN.C, KODALIL HOUSE, CHEMANCHERY POST, KOYILANDY, KOZHIKODE. 2. SHAJI, S/O.VASUDEVAN, POOKOTT HOUSE, CHERUVANNUR, NALLALAM POST, KOZHIKODE. 3. THE ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, PRAMODA BUILDING, CHEROOTTY ROAD, KOZHIKODE. R3 BY ADV. MR.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1288 OF 2009 ............................................. Dated this the 8th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Kozhikode in OP(MV).No.34/2004. The claimant, a 5 year old girl, sustained injuries in a road accident and the tribunal has awarded her a compensation of Rs.19,500/=. Dissatisfied with the same, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for both sides. A perusal of the award would reveal that the young child had sustained a comminutted depressed fracture of the frontal bone with extra axial haematoma. She was treated as an inpatient in a hospital for 14 days and thereafter she had to continue treatment with the Opthalmology department. Therefore it is proved that the injury is serious in nature. The disability which was obtained by the court as per Ext.C1 would reveal 5%, but a perusal of the disability certificate would not really show the real difficulty to the girl. It only says about stiffness on the frontal area where the fracture is : 2 : M.A.C.A.No.1288 OF 2009 sustained. The document is very clear that the fracture has not affected her studies. But it has to be remembered that at the age of 5, the child has sustained a serious fracture of the head and undergone inpatient treatment for 14 days. No amount is granted towards bystander's expense and I award Rs.1,500/= under that head. Similarly the girl would have suffered pain and sufferings and she had continued treatment with the suspicion that it has affected her eye as well. Therefore towards pain and sufferings, I enhance the compensation by Rs.2,000/=. The doctors have found the disability which is of a mild nature for the child. The tribunal has not awarded disability compensation as such which cannot be found fault with but as the age progresses, when a person sustains fracture of the frontal bone there will be risk for post traumatic epilepsy as well and therefore taking into consideration nature of the serious injuries, I am inclined to grant Rs.3,500/= more towards compensation for loss of amenities and enjoyment. 3. Therefore the MACA is partly allowed and the : 3 : M.A.C.A.No.1288 OF 2009 claimant is awarded an additional compensation of Rs.7,000/= with 7% interest from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.1288 OF 2009