IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 MACA.No. 520 of 2009() ---------------------- OPMV.2016/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/CLAIMANT: -------------- REETHA, D/O. GOPALAN, AGED 29 YEARS, POTTAMMAL HOUSE, DEVISREE, MALOOR KUNNU COLONY, MERIKUNNU,KOZHIKODE. BY ADV. MS. K.V.RESHMI RESPONDENTS/RESPONDENTS: --------------- 1. THE DIRECTOR GENERAL OF POLICE, HEAD QUARTERS, TRIVANDRUM. 2. VINOD. C.S., S/O. SUMARAJAN, SHAIMA MANDIRAM, CHEMMANURUTHI, VARKALA. 3. KERALA STATE INSURANCE DEPARTMENT, DISTRICT INSURANCE OFFICE, WOOD WORKSHOP BUILDING, PUTHIYARA-4. GOVERNMENT PLEADER MR. BENNY VARGHESE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- M.A.C.A.No. 520 OF 2009 -------------------------------------------------- Dated this the 27th day of February, 2009 J U D G M E N T Government Pleader took notice for the third respondent. As compensation was directed to be given by the third respondent, it is not necessary to issue notice to the other respondents. 2. Appeal is filed challenging sufficiency of the compensation awarded by Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) 2016 of 2005. Motor Accident Claims Tribunal awarded a compensation of Rs.1,000/- finding that the injury sustained by the appellant is only contusion and X-ray revealed that there was no fracture. 3. Learned counsel appearing for the appellant and the learned Government Pleader were heard. 4. The argument of the learned counsel appearing for the appellant is that even though no fracture was sustained, appellant had suffered much pain consequent to the injury and in such circumstances the compensation awarded is unreasonable and insufficient. MACA.520/2009 2 5. Ext.A2 wound certificate shows that appellant sustained only a contusion on the knee. As rightly found by Motor Accident Claims Tribunal the X-ray taken establish that there was no fracture. There is no evidence to prove that the appellant sustained any other consequential injury or spent for medical expenses. It is in such circumstances compensation of only Rs.1,000/- was ordered. Considering the nature of the injury and the pain and suffering, compensation awarded is enhanced to Rs.2,000/-. Appeal is allowed. Compensation awarded in O.P(MV) 2016 of 2005 on the file of Motor Accident Claims Tribunal is enhanced to Rs.2,000/-. M. SASIDHARAN NAMBIAR, JUDGE okb