IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1238 of 2004()
1. ANSAD S/O. ISMAIL, PUTHUPPARAMBIL HOUSE,
... Petitioner
Vs
1. GUNASEKHARAN @ KANNAN
... Respondent
2. G.R.SHAJI S/O.RAMACHANDRAN, GREE VILASAM
3. UNITED INDIA INSURANCE CO.LTD., KOTTAYAM
For Petitioner :SRI.V.K.SUNIL
For Respondent :SRI.THOMAS MATHEW NELLIMOOTTIL
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :04/07/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.1238 OF 2004
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Dated this the 4th day of July 2008
JUDGMENT
This appeal is preferred against the award of th Motor Accidents
Claims Tribunal, Kottayam in O.P.(MV)No.1142 of 1996. The claimant
when he was aged about 8 years in the year 1985 sustained injury in a road
accident and filed the claim petition in the year 1996. The Tribunal
awarded him a compensation of Rs.12,000/- and dissatisfied with the same
he has come up in appeal.
2. A perusal of the discharge card and the certificate issued by the
Medical College Hospital, Kottayam would show that he was treated as an
inpatient from 28.8.1985 to 23.9.1985. He had undergone emergency
operation for the depressed fracture of the skull on the right parietal region
and there was some weakness on the left side. Except this document, there
is nothing else to prove that the boy had gone for further treatment after
1985 so as to hold that the boy had sustained some disability. The boy had
not gone for further treatment after 1985 At the time of discharge the boy
was able to walk with support but there was unsteadiness of the gait. When
MACA 1238/2004 -:2:-
he was examined in 2004, the boy would say that he is having head ache.
The Tribunal has awarded Rs.10,000/- towards pain and suffering and
granted an amount of Rs.1,500/- for treatment expenses though no bill has
been produced. The boy aged 8 years on account of the depressed fracture
of the skull would not have been able to play and enjoy. Therefore I grant
Rs.3,000/- towards loss of enjoyment in life. Therefore the claimant will be
entitled to an additional compensation of Rs.3,000/-.
Therefore MACA is partly allowed and the claimant is entitled to an
additional compensation of Rs.3,000/- 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
copy of this judgment.
M.N.KRISHNAN, JUDGE
Cdp/-