IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 MACA.No. 28 of 2008(A) --------------------------------- O.P(MV).NO.1353/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA. .................... APPELLANT/ PETITIONER: -------------------------------------- CHRISTONIA (MINOR), D/O.ULAHANNAN, THOTTIYIL HOUSE, KEZHUVAMKULAM P.O., PULIYANNOOR, CHERPUNKAL, KOTTAYAM DISTRICT. REPRESENTED BY NEXT FRIEND AND GUARDIAN ULAHANNAN, THOTTIYIL HOUSE, KEZHUVAMKULAM P.O., PULIYANNOOR, CHERPUNKAL, KOTTAYAM DISTRICT. BY ADV. SRI.P.C.HARIDAS. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. JOSEPH CHERIAN @ PIOUS, THANNIKAL HOUSE, ANDOOR P.O., ELAKKAD VILLAGE. 2. SABU JOSEPH, KARACKAL HOUSE, KADAPPATTOOR P.O., PALA. 3. NATIONAL INSURANCE CO.LTD., PALA BRANCH, REPRESENTED BY ITS BRANCH MANAGER. R1 & R2 BY ADV. SRI.V.V.SURESH, R3 BY ADV. SRI.MATHEWS JACOB (SR.) , ADV. SRI.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.28 OF 2008 ===================== Dated this the 20th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)No.1353 of 2004. The claimant a 3 ½ year old girl sustained injuries in a road accident. A perusal of the award would reveal that she had a crush injury left dorsum of foot with skin loss. She was treated in the hospital as an inpatient from 21.2.2004 to 22.3.2004. The Tribunal itself has noted in paragraph 10 of the award that the petitioner sustained crush injury left dorsum of foot with skin loss. Any crush injury is a painful injury and it puts the person totally out of the normal movement and it will take a prolonged time to come back to normalcy. 2. Here the Tribunal has awarded a nominal compensation of Rs.5,750/- which I feel deserves reconsideration. A minor girl at the age of 3 ½ years was treated in the hospital as an in patient for a period of one month with crush injury. The mobility of the child was certainly restricted and she would have suffered excruciating pain during hospitalization. I MACA 28/2008 -:2:- therefore award her a sum of Rs.7,000/- towards pain and suffering. Certainly on account of this crush injury, the child would have lost her amenities in life and she would not have been in a position to play. She would have required the assistance of her parents or somebody at least for a considerable length of time. I grant her a sum of Rs.5,000/- towards loss of amenities and enjoyment in life thereby enhancing the compensation by Rs.12,000/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.12,000/- with 7% 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/-