IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 MACA.No. 492 of 2008() ---------------------- OPMV.926/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... : APPELLANT/PETITIONER ------------------------------------- RAVEENDRAN, KAVALAYIL HOUSE, NEAR ERUTHICKAL TEMPLE, KARAPUZHA, KOTTAYAM. BY ADV. SRI.K.A.HASHIM RESPONDENTS: RESPONDENTS ------------------------ 1. ARUN, ATTIYIL HOUSE, ASHANPADI BHAGOM, KILIROOR KARA, THIRUVARPPU. 2. K.K.BABY, KOORKKAKALAYIL HOUSE, CHINGAVANAM P.O., THANAKOM, KOTTAYAM. 3. THE ORIENTAL INSURANCE CO. LTD., KOTTAYAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 492 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March, 2008 JUDGMENT Appellant sustained serious injuries in a motor accident. He claimed a compensation of Rs.3,50,000/-. The Tribunal awarded only Rs.70,000/-. It was found that the accident occurred due to the negligence of the driver of the vehicle, insured by the 3rd respondent insurance Company. Only dispute is regarding the quantum of compensation. 2. As a result of the accident, lateral of right orbit and right temporal bone were fractured. There was injuries namely epidural haematoma over the right temporal region of the brain. He had prolonged treatment. Considering the contentions on both sides, he was sent for examination by the Medical Board. The Medical Board assessed the disability at 0%. Therefore, there is no loss of earning power. Considering the injuries suffered by him Rs.20,000/- was awarded for pain and suffering. Expenses for Medical bills were reimbursed. For loss of actual earning Rs.20,000/- was awarded, considering the long treatment period. Towards loss of amenities Rs.10,000/- was awarded and total amount awarded was Rs.70,000/-. MACA 492/08 -2- 3. Considering the fact that there was no permanent disability, we are of the opinion that the compensation awarded is just and reasonable and no interference is necessary. Hence, the appeal is dismissed. J.B. Koshy, Judge K. Hema, Judge mn.