IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 MACA.No. 208 of 2007(F) ----------------------------------- O.P(MV).NO.1117/1999 OF IST ADDL.M.A.C.T, KOZHIKODE. .................... APPELLANT/PETITIONER: ------------------------------------- NIRMAL RAJ, S/O. THIMOTHY, 'BLOOMS HOUSE, ELATHUR P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. T.RADHAKRISHNAN, S/O. NARAYANAN, THAYYULATHIL HOUSE, VILYAPALLI, VATAKARA. 2. BABU, S/O. KELAPPAN, KINARULLA KANDIYIL HOUSE, PALAYADU NADA, PUTHIYARAKKARA DESOM, VATAKARA. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, KALLUNGAL BUILDING, MAIN ROAD, VATAKARA. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 208 OF 2007 --------------------- Dated this the 20th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Ist Addl. Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 1117/99. The claimant, aged 40 years an auto driver by profession, sustained injuries in a road accident whereby he had lacerated wound on the left eyebrow and a fracture of the upper medial incisor. He was treated as an inpatient for two days and as outpatient for another two weeks. His vehicle was also damaged. The Tribunal on consideration of the materials awarded a compensation of Rs.18,130/- with 6% interest. 2. Learned counsel would submit that the amount taken for loss of earning is inadequate and the loss of earning awarded is low and the Tribunal has not granted the entire compensation for damages. It can be seen that the injuries are not of a very serious nature. The accident had taken place in the 1998 and at that point of time one cannot hold that taking an income of Rs.1,500/- is grossly inadequate. Similarly, the nature of injuries would have prevented MACA No.208/07 2 him from doing work for a period of one month. Therefore these contentions cannot be accepted. So also regarding the claim for damages of the vehicle, the Tribunal has granted Rs.5,580/- which also cannot be found fault with. It is a just compensation. Therefore, the appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MACA No.208/07 3 MACA No.208/07 4