IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 MACA.No. 772 of 2006() --------------------------------- OPMV.477/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/3RD RESPONDENT -------------------- NATIONAL INSURANCE COMPANY LTD., KALPETTA. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS: CLAIMANT --------------------- P.A.ISAHAC, AGED 45 YEARS, S/O.LATE ABRAHAM, PATHDAN HOUSE, POST THALAPUZHA, MANANTHAVADY TALUK, WAYANAD. BY ADV. SRI.N.J.ANTONY - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA. NO .772/2006 ORDER ON IA. NO.867/2006 IN MACA. 772/2006 DISMISSED 10.06.2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 772 OF 2006 = = = = = = = = = = = = = = = Dated this the 10th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)477/98. The claimant sustained contused abrasion and abrasion on the scalp and leg, injury on the back. He was aged 45 years and he was an inpatient in the hospital for 8 days. The Tribunal awarded a total compensation of Rs.19,150/-. It is against that the appeal is preferred by the insurance company. 2. Under ordinary circumstances this Court would not have interfered with the award in view of the beneficial intendment of the legislation. But when the judicial power is not exercised in the way it has to be done certainly this Court has to interfere. A perusal of the award would reveal that the claimant had only sustained very minor injuries. The Tribunal has awarded Rs.10,000/- for pain and sufferings, Rs.2,000/- for loss of earning power and Rs.1,000/- for M.A.C.A. 772 OF 2006 -:2:- injury. There is nothing to show that there is any loss of earning power and it is normally not a practice to award compensation for injury. Similarly pain and sufferings compensation awarded is also high. The medical bill for Rs.798/- is produced and the Tribunal granted a compensation of Rs.5,000/- for medical expenses. So it requires interference. Therefore I revise the compensation as follows. 3. I award Rs.1,000/- for loss of earning and retain compensation granted towards transport expenses, extra nourishment and damage to clothing. I reduce the medical expenses to Rs.2,000/-. Since there is absolutely no disability either permanent or partial, those compensation awarded under those heads are deleted. Therefore the claimant is entitled to a compensation of Rs.6,850/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,850/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to M.A.C.A. 772 OF 2006 -:3:- deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-