IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 MACA.No. 1023 of 2006(C) ------------------------------ (AGAINST THE AWARD PASSED IN O.P.(MV)877/02 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI.) ....................... APPELLANT/CLAIMANT. -------------------------------- CHERADA KHALID, AGED 30 YERS, S/O.AHAMMED, CHERADA HOUSE, KUNIPPALA PO, BHOODANAM,MALAPPURAM DISTRICT. BY ADV. SRI.T.K.AJITH KUMAR RESPONDENTS/RESPONDENTS: ------------------------------------- 1. K.V.PRADEEP KUMAR, S/O.KARTHIAYANI, KUNNATH VEETTIL, NEAR GOVERNMENT HOSPITAL, NILAMBUR DRIVER. 2. ABDUL BASHEER, S/O.UNNIMOHAMMED, VALIYAPEEDIYEKKAL HOUSE, CHERUKULAM, CHANDAKUNNU, NILAMBUR P.O. MALPPURAM DISTRICT, OWNER.. 3. ORINETAL INSURANCE CO.LTD., BRANCH OFFICE, JASEELA COMPLEX, P.B.NO.3, MANJERI. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1023 OF 2006 = = = = = = = = = = = = = = = Dated this the 5th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)877/02. The petitioner, a head load worker aged 30 years, sustained injuries in a road accident. He has been awarded a compensation of Rs.26,385/-. It is against that decision, the present appeal is preferred. 2. A perusal of the award would reveal that he had suffered an abrasion of 2 x 2 cm. on the right knee, a similar abrasion on the right leg and X-ray revealed a fracture on the left maxilla. He was treated as an inpatient in the hospital for nine days. The Tribunal has awarded him a loss of earnings for one year, i.e.Rs.15,000/-, another amount of Rs.9,000/- towards pain and sufferings, then for medical expenses, extra nourishment and transport to hospital. Granting of one year's loss of earning would cover all other temporary disability, loss of amenities and enjoyment in life M.A.C.A. 1023 OF 2006 -:2:- and utmost for such a person the actual loss of earnings would be only for two months. So when extra amount is awarded under that head, most probably the Tribunal has applied its mind on those inconveniences and granted such a sum. Therefore, on an over all analysis of the case would reveal that the Tribunal has awarded a just and reasonable compensation which does not call for any interference. Hence the appeal is dismissed. M.N. KRISHNAN, JUDGE. ul/-