IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 MACA.No. 1095 of 2011() ----------------------- OPMV.1178/2006 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL,KOTTAYAM .................... APPELLANT(S): PETITIONER IN O.P.(MV) 1178/2006 ---------------------------------------------- MOHANAN @ MONAYI, S/O.GOPI, PUTTUMANAPURATHU HOUSE, AIYAPPAN KOVIL, UDUMPANACHOLA, IDUKKI DISTRICT. BY ADV. SRI.P.M.NATESAN RESPONDENT(S): RESPONDENTS IN OP(MV) 1178/2006 ---------------------------------------------- 1. JOBI, S/O.JOSE, ELAVELIL HOUSE, POOZHIKKOL KARA, APPANCHIRA, KADUTHURUTHY, PIN 686604. 2. M.N.YESODHARA DEVI, W/O.JAGALKRISHNAN, PADIYATHU HOUSE, VADAKARA P.O., THALAYOLAPARAMBU, VAIKOM, PIN 686605. 3. THE NATIONLA INSURANCE CO.LTD., THRIPUNITHURA, REPRESENTED BY ITS BRANCH MANAGER, PIN 682301. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & N.K. BALAKRISHNAN, JJ. ------------------------------------------------- M.A.C.A. No. 1095 of 2011 ------------------------------------------------- Dated this the 27th day of July, 2011 JUDGMENT Basant, J. The claimant is the appellant. The quantum of compensation is the only ground of challenge. The claimant/ appellant suffered personal injuries in a motor accident which took place on 18/1/2006. Against the claim for a total amount of `1,20,000/-, the Tribunal awarded an amount of `12,300/- as per the details shown below: 1. Pain and suffering - `10,000/- 2. Loss of earnings - ` 1,500/- 3. Transport to hospital - ` 300/- 4. Medical and Miscellaneous Expenses - ` 500/- ------------- Total - `12,300/- ====== 2. The learned counsel for the appellant assails the quantum M.A.C.A. No. 1095 of 2011 -: 2 :- of compensation awarded. The only relevant documents produced are Exts.A3 and A4. These documents reveal that the appellant underwent treatment as an out patient. There was no hospitalisation at all. The medical records indicate clearly that fracture of the left radius was the injury suffered. He had undergone treatment for some period of time (till 20/2/06), it is claimed. No better evidence whatsoever was adduced. The Tribunal, in these circumstances, awarded an amount of `10,000/- under the head of pain and suffering and for all the other heads together awarded a total amount of `2,300/-. 3. The learned counsel for the appellant argues that the amount awarded is too low. On the materials available, we are unable to accept the challenge. The only input available is that there was a fracture of the left radius. In any view of the matter, we are satisfied that the quantum of compensation awarded cannot be held to be unjust or unreasonable as to warrant our appellate jurisdiction under Sec.173 of the Motor Vehicles Act. Computation of compensation is not a science of exactitude and it is only possible that when another Tribunal or another mind attempt to ascertain the quantum, there could be insignificant or marginal variations. Those cannot persuade us to invoke our M.A.C.A. No. 1095 of 2011 -: 3 :- appellate jurisdiction under Sec.173 of the M.V. Act. 4. This appeal is, in these circumstances, dismissed. Sd/- R. BASANT (Judge) Sd/- N.K. BALAKRISHNAN (Judge) Nan/ //true copy// P.S. to Judge M.A.C.A. No. 1095 of 2011 -: 4 :-