IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 MACA.No. 1192 of 2004() ---------------------------------- OPMV.272/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): /PETITIONER: ------------------------- C.J.STANLE, S/O. C.S.JOSEPH, CHERAMEL HOUSE, VADUTHALA KARA, COCHIN, NOW RESIDING AT CHERAMEL HOUSE, CHINGAVANAM, KOTTAYAM. BY ADV. MR.RAJEEV V.KURUP RESPONDENT(S): RESPONDENTS: --------------------------- 1. MR.JAMES JOSEPH, CHIRAKUZHIPUTHENPURA VELIYANNOOR P.O., KOTTAYAM. * 2. MR.STEPHEN JOSEPH OF -DO- -DO- *(NAME OF 2ND RESPONDENT STRUCK OUT FROM THE PARTY ARRAY OF THE APPEAL AT THE RISK OF THE APPELLANT AS PER ORDER DTD. 19.2.07 IN IA. 326/2007.) 3. THE NATIONAL INSURANCE COMPANY LTD; DIVISION MANAGER, KOTTAYAM. R3 BY MR.MATHEWS JACOB, SENIOR ADVOCATE R3 BY ADV. MR.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1192 OF 2004 ............................................. Dated this the 5th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kottayam in OP(MV)No.272/1998. The claimant sustained injuries in a road accident and he has been award a compensation of Rs.14,178/=. Aggrieved by the that decision, the claimant has come up in appeal for enhancement. 2. A perusal of the award would reveal that the claimant had sustained a lacerated wound over the right heel and he was treated as an inpatient in Cochin Hospital, Kochi for a period of 8 days. Suturing has to be done and he was not able to attend the office for 22 days. The accident took place at Koothattukulam and he was treated in the hospital at Kochi. When an injury is sustained on the heel and the expenses incurred is about Rs.5,396/= for the treatment, one can visualize seriousness of the injury on the heel and therefore, there would have been considerable pain and sufferings, loss of amenities and enjoyment in life. When a : 2 : M.A.C.A.No.1192 OF 2004 person's heel is injured, it may take time to come back to its normal stage and in such circumstances, one may not be able to even press his leg and walk properly for some length of time. 3. Taking into consideration totality of all these facts, I am inclined to award Rs.1,500/= more towards pain and sufferings and a sum of Rs.3,000/= towards loss of amenities and enjoyment in life. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,500/= with 6% interest on the said sum 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. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.1192 OF 2004 : 4 : M.A.C.A.No.1192 OF 2004