IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1665 of 2004()
1. ANCY LOUIS (MINOR) D/O.LOUIS, AMBADAN
... Petitioner
Vs
1. SAJI.C.T., S/O.ITTIAN,
... Respondent
2. THE MANAGER,
For Petitioner :SRI.V.CHITAMBARESH (SR.)
For Respondent :SRI.GEORGE CHERIAN (THIRUVALLA)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :11/12/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.1665 OF 2004
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Dated this the 11th day of December 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Irinjalakkuda in O.P.(MV)No.1235 of 1999. A minor girl
aged 7 years sustained injuries in a road accident and the Tribunal awarded
a compensation of Rs.17,000/-. It is against that decision, the claimant has
come up in appeal for enhancement.
2. Heard the counsel for the appellant as well as the counsel for the
insurance company. A perusal of the award would reveal that the child had
extra dural haematoma on the right temporal region, contusion right
parietal occipital area of scalp, contusion right temple extra dural
haematoma, undisplaced fracture to the right occipital bone, etc. She had
expended Rs.3,970/- for medicine. A disability certificate had been
produced for 10% and the Doctor had been examined as PW3. The Doctor
had deposed that the patient was found to have recurrent attacks of head
ache and he had further opined that extra dural haematoma may develop
epilepsy and other complication later. The Tribunal held that since there
MACA 1665/2004 -:2:-
was no epileptic complaint till that time it is not relying on that disability
certificate. Neuro cases are always complicated cases which involves the
nervous system and one cannot rule out the possibility of a post traumatic
epilepsy especially when there had been a fracture on the occipital bone
with extra dural haematoma which required evacuation. A Neuro Surgeon,
a competent authority who had treated the patient had deposed about the
possible disability that may occur to the child. For that matter any head
injury is a complicated one and therefore some weight has to be given when
a Doctor certifies regarding the possibility of a development later. Therefore
I fix the disability at 5%, take the notional income of Rs.15,000/-, apply a
multiplier of 15 and fix the disability compensation at Rs.11,250/-. Towards
loss of amenities and enjoyment in life, I grant Rs.3,000/- and I further grant
a sum of Rs.2,000/- towards pain and suffering. So far as the disability plus
loss of amenities is concerned, already an amount of Rs.5,000/- is awarded.
So the enhanced compensation would come to Rs.9,250/- + Rs.2,000/-
making the total of Rs.11,250/-.
In the result, the MACA is partly allowed and the claimant is entitled
to an additional compensation of Rs.11,250/- 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
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copy of this judgment.
M.N.KRISHNAN, JUDGE
Cdp/-