IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 MACA.No. 220 of 2008() -------------------------------- OPMV.135/2002 OF ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/3RD RESPONDENT --------------------------------------------- UNITED INDIA INSURANCE CO.LTD., CAGANASSERY BRANCH. BY ADV. SRI.P.V.JYOTHI PRASAD RESPONDENT/PETITIONER & RESPONDENTS 1 & 2 ------------------------------------------------------------------------- 1. MURUGAN, S/O.KRISHNAN ACHARI, MEENAPPALLIL, THALAVADY SOUTH, THALAVADY, ALAPPUZHA. 2. SUNIL GEORGE, S/O.THANKAPPAN, MAPPATHINALILCHIRA, ANAPARAMBIL, THALAVADY, ALAPPUZHA. 3. K.S.THANKAPPAN, DO. DO. *(DELETED) * R3 IS DELETED AS PER ORDER DATED 03/11/2008. ADV. SRI.S.SANAL KUMAR FOR R.1 SMT.BHAVANA VELAYUDHAN FOR R.1 SRI.E.JAYADEV FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.NO.220/2008 ORDER ON I.A. NO.306 OF 2008 IN MACA NO.220 OF 2008. DISMISSED 03/11/2008. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 220 OF 2008 = = = = = = = = = = = = = = = Dated this the 3rd day of November, 2008. J U D G M E N T This appeal is preferred by the insurance company against the award of the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV)135/02. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.93,000/-. It is against that decision, the insurance company has come in appeal for reduction of the amount. 2. It was a case where permission has been granted u/s 170 of the M.V.Act. A perusal of the award itself would show that the claimant had sustained a type II comminuted fracture on the medial mallelous with extensive soft tissue injury. He was in the hospital for more than a month. He had expended a sum of Rs.7,323/- towards medical expenses. The Tribunal itself observed that he was present before the Court and there was no apparent physical disability that could be noticed on the person. But still the M.A.C.A. 220 OF 2008 -:2:- Tribunal awarded a huge compensation of Rs.40,000/- for pain and sufferings, Rs.25,000/- for loss of amenities and Rs.12,000/- for loss of earnings. I feel in a beneficial legislation one has to be sympathetic but should not be over sympathetic and if done would result in miscarriage of justice and therefore I am forced to interfere with the award passed by the Tribunal. He was in the hospital only for a period of one month. It is true that he had a soft tissue injury. I reduce the compensation on pain and sufferings by Rs.20,000/-. There is absolutely no disability. Therefore I reduce the compensation for loss of amenities and enjoyment in life by Rs.15,000/- and similarly the loss of earnings need be given for five months. I reduce it by Rs.3,000/- thereby reducing the compensation awarded by Rs.38,000/-. When it is reduced by Rs.38,000/- the entitlement would be Rs.55,000/-. In the result the MACA is partly allowed and the claimant is awarded a compensation of Rs.55,000/- with 7.5% interest on the said sum from the date of petition till M.A.C.A. 220 OF 2008 -:3:- realisation and the insurance company is directed to 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/-