IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 28 of 2008()
1. CHRISTONIA (MINOR), D/O.ULAHANNAN,
... Petitioner
Vs
1. JOSEPH CHERIAN @ PIOUS, THANNIKAL
... Respondent
2. SABU JOSEPH, KARACKAL HOUSE,
3. NATIONAL INSURANCE CO.LTD., PALA
For Petitioner :SRI.P.C.HARIDAS
For Respondent :SRI.V.V.SURESH
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :20/10/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.28 OF 2008
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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 =
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 = 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/-