IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 MACA.No. 1961 of 2007(D) ----------------------- OPMV.1425/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S)/PETITIONER: ----------------------------------- JIBIN JOHNSON,S/O.LATE P.A.JOHNSON, NOW RESIDING AT PUTHUPILLYPARAMBIL HOUSE, NEAR BLOCK OFFICE,NORTH THORAVE PUDUKKAD P.O, THRISSUR. BY ADV. SRI.TONY GEORGE KANNANTHANAM SRI.JIJI THOMAS RESPONDENT(S)/RESPONDENT: -------------------------------------- 1. MRS.MANORAMA,W/O.PRABHAKARAN,19/448, KUNNUKAD HOUSE,WEST YAKKARA,PALAKKAD. 2. MR.R.PONNUSWAMY,S/O.RAMASWAMY,HOUSE NO. 241,DOOR NO.41/7A,MADHAVAN LAYOUT,MADHAVAPURAM, METTUPALAYAM. 3. M/S.THE NATIONAL INSURANCE CO.LTD, METTUPALAYAM BRANCH OFFICE,157,KARAMADAI ROAD, RVR BUILDINGS,METTUPALAYAM. ADV. SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1961 OF 2007 = = = = = = = = = = = = = = = Dated this the 6th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV)1425/01. The claimant, a minor boy aged 12 years sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.18,750/-. Dissatisfied with the same the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. Paragraph 7 of the award would reveal that the claimant had sustained a crush injury on the distal 3rd of left foot with multiple lacerated wounds of varying sizes over the planter aspect with loss of tissues and skins and fracture of the middle phalanex of the left little toe with dislocation. He was treated as an inpatient in the hospital for eight days. Though a small boy, the injury sustained is of very painful nature on account of the crush injury and exposure of the tissues coupled with the fracture. M.A.C.A. 1961 OF 2007 -:2:- Therefore I am inclined to enhance the compensation for pain and sufferings by Rs.3,000/- and loss of amenities by Rs.2,000/- thereby making an additional compensation of Rs.5,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-