IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 MACA.No. 322 of 2008(G) ------------------------- (AGAINST O.P.(MV)1207/02 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR) ........................ APPELLANT(S): PETITIONER ---------------------------------- PRAVEEN.J., S/O.JANARDHANAN, RESIDING AT ENGAKAD HOUSE, P.O.PURANATTUKARA, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE RESPONDENT(S): RESPONDENTS --------------------------------------- 1. LAKSHMANAN, RESIDING AT MANAVANCHERY HOUSE, MANAVANCHERY, POONKUNNAM P.O., THRISSUR-680 002. 2. RAMAKRISHNAN, S/O.KITTUNNI EZHUTHACHAN, RESIDING AT POTTOKARAN HOUSE, CHEROOR DESOM, VILVATTOM VILLAGE, THRISSUR. 3. THE MANAGER, THE UNITED INDIA INSURANCE COMPANY LIMITED, KURUPPAM ROAD, THRISSUR. ADV. SMT.K.C.BEENA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 322 OF 2008 = = = = = = = = = = = = = = = Dated this the 16th day of December, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)1207/02. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.69,710/-. Dissatisfied with the quantum the claimant has come up in appeal. 2. A perusal of the award would reveal that the claimant had sustained a fracture on the right calcanneum, fracture of the right clavicle with cerebral oedema. He was treated as an impatient in the West Fort Hospital. A perusal of paragraph 11 of the award would reveal that the Tribunal has been extremely reasonable and considerate to the claimant and almost the amount asked for has been awarded under each head. The Tribunal awarded four months loss of earnings at the rate of Rs.2,000/-. It awarded Rs.1,000/- each for extra nourishment and transport expenses. Though only Rs.10,000/- was claimed as medical expenses M.A.C.A. 322 OF 2008 -:2:- Rs.11,650/- was given as actual expenses incurred. Compensation for pain and sufferings was awarded at Rs.10,000/-. A disability certificate of 13% was produced after examination the Court was satisfied that the whole body disability cannot be 13% but only 7%. The Court fixed the whole body disability at only 7% and calculated the compensation and awarded a sum of Rs.8,000/- for loss of amenities and enjoyment in life. Really the Tribunal has awarded more than reasonable compensation and therefore the award does not call for any interference and therefore the appeal is dismissed. M.N. KRISHNAN, JUDGE. ul/-