IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 MACA.No. 205 of 2010() ---------------------------------- OPMV.1615/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: --------------------------------------- ANJU @ ANJUMOL, D/O.EDOOR CHANDRASEKHARAN NAIR, VASUPURAM DESOM, MATTATHUR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. BABUKUTTAN @ HARIDAS, S/O.CHAZHIKULAM NARAYANAN, VASUPURAM DESOM, MATTATHUR VILLAGE, THRISSUR DISTRICT. 2. JAISON GEORGE, S/O.KAVUNGAL GEORGE, KUTTIKAD P.O., THRISSUR DISTRICT. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., CHALAKUDY. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.205 OF 2010 ............................................. Dated this the 22nd day of July, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.1615/2003. The claimant sustained injuries in a road accident and she has been awarded a compensation of Rs.16,550/=. Dissatisfied with the same, the claimant has come up in appeal. 2. In spite of notice, none of the respondents have entered appearance. Heard the learned counsel for the appellant. A perusal of the award would reveal that the claimant sustained an avulsion injury on the heel pad and she was admitted as an in patient in a hospital for ten days. The two grounds on which I can enhance compensation are; pain and sufferings and loss of amenities and enjoyment in life. Avulsion injury means separation by tearing of any part of the body. Heel is a portion which keeps the balance while walking and an avulsion injury to that would take time to heal for the reason that it always touches the earth. Therefore considering the fact that the injured is a : 2 : M.A.C.A.NO.205 OF 2010 child of 12 years also it will cause the child agony and she may not be able to play or enjoy in the company of her friends on account of the injury for some length of time. 3. Therefore, I award Rs.2,000/= more towards pain and sufferings and Rs.3,000/= towards loss of amenities and enjoyment in life. Thus the claimant is entitled to an additional compensation of Rs.5,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/= 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 : 3 : M.A.C.A.NO.205 OF 2010