High Court Kerala High Court

Suresh (Minor) Aged 15 Years vs Managing Directgor on 4 June, 2008

Kerala High Court
Suresh (Minor) Aged 15 Years vs Managing Directgor on 4 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 639 of 2004()


1. SURESH (MINOR) AGED 15 YEARS,
                      ...  Petitioner

                        Vs



1. MANAGING DIRECTGOR, TAMIL NADU PACKING
                       ...       Respondent

2. N.SIVAKUMAR, S/O. MARANDI,

3. NEW INDIA ASSURANCE CO., BRANCH

                For Petitioner  :SRI.P.V.BABY

                For Respondent  :SRI.A.C.DEVY

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :04/06/2008

 O R D E R
                            M.N.KRISHNAN, J
                        =====================
                          MACA No.639 OF 2004
                        =====================

                   Dated this the 4th day of June 2008

                                 JUDGMENT

This appeal is preferred against the award of the Motor Accidents

Claims Tribunal, Irinjalakkuda in O.P.(MV)No.1186 of 1995. A boy aged 5

years sustained injuries in a road accident including fracture on the temporal

bone and right extra dural and subdural haematoma. Surgery was effected

and a disability certificate is produced. When he was examined in 2000 at

the age of 9 years, the boy was getting recurrent seizures and occasional

vertigo. The Doctor assessed the disability at 10%. The Tribunal granted a

sum of Rs.6,000/- towards compensation for permanent disability.

Considering the nature of the injuries and the recurrence of vertigo even

after 4 years of accident, I feel there must be some enhancement under the

head permanent disability which I enhance by Rs.4,000/-. The compensation

awarded under all other heads is just and reasonable.

Therefore MACA is partly allowed and the claimant will be entitled

to an additional compensation of Rs.4,000/- with 7% interest on the said

sum from the date of petition till realisation and the insurance company is

MACA 639/2004 -:2:-

directed to deposit the amount within 60 days from the date of receipt of a

copy of this judgment.

M.N.KRISHNAN, JUDGE

Cdp/-