IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 MACA.No. 70 of 2009(B) --------------------------------- OP(MV).NO.1759/2005 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM. .................... APPELLANT/ PETITIONER: -------------------------------------- CHELLAPPAN PILLAI, CHETTIYARA HOUSE, KAVALAM P.O., KAVALAM VILLAGE. BY ADVS. MR.PHILIP T.VARGHESE, MR.THOMAS T.VARGHESE. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. UNNI PILLA, RUTHUPARAMBIL, KAINADYMURIYIL KARA, NEELAMPEROOR P.O., KAVALAM, ALAPPUZHA DISTRICT. 2. THE UNITED INDIA INSURANCE COMPANY LTD., KOTTAYAM. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.70 OF 2009 ===================== Dated this the 19th day of January 2009 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.1759 of 2005. The claimant, a 72 year old man sustained injuries in a road accident and he has been awarded a compensation of Rs.12,141/-. It is against that decision, the claimant has come up in appeal for enhancement. 2. Paragraph 10 of the award deals with the case of the claimant. A perusal of the award would reveal that the claimant had sustained abrasion on the right parietal region 1 x 0.5 c.m., abrasion right elbow and abrasion chest. C.T.scan is taken which revealed that there was no head injury. He was treated in the hospital as an inpatient for 11 days and the Tribunal has awarded him a compensation of Rs.1,500/- towards loss of earning even at the age of 72. It also awarded the entire medical expenses claimed, which was supported by evidence. The Tribunal also granted compensation under the heads bystander expenses, extra nourishment, pain and suffering. Further, the Tribunal awarded Rs.1,000/- towards compensation for loss of MACA 70/2009 -:2:- amenities and inconvenience. By any stretch of imagination, one cannot hold that the amount awarded is not just and reasonable. But, it is just and reasonable under Section 166 of the Motor Vehicles Act. Therefore the appeal lacks merit and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-