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
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MACA No.639 OF 2004
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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/-