IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 MACA.No. 218 of 2009() ---------------------- OPMV.319/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): PETITIONER ------------------------ ASHARAF.M.A, AGED 25 YEARS, S/O. KUNJU, M.A. HOUSE, KOOTHUPARAMBA, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S): RESPONDENTS -------------------------- 1. MR. RASHEED ALI, CHERUKOTTAMMAL HOUSE, MONGAM POST, MALAPPURAM DISTRICT. 2. AHEMED SHAMEER.K, S/O. ABDUL RAHIMAN, KAKKAYAL HOUSE, MANJERI.P.O, MALAPPURAM DISTRICT. 3. THE ORIENTAL INSURANCE CO. LTD., MANJERI. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. * * * * * * * * * * * * * * * * * * M.A.C.A.No.218 of 2009 ---------------------------------------- Dated this the 16th day of February 2009 J U D G M E N T BASANT,J The claimant before the Tribunal is the appellant before us. He claimed an amount of Rs.7,00,000/- as compensation for personal injuries suffered in an accident. The Tribunal awarded Rs.96,000/-. The claimant is aged 23 years. He is an autorickshaw driver by profession. He has suffered fracture of the right femur, fracture of right humerus and tendon of the right biceps. He was in the hospital as in-patient for sixteen days. He continued treatment as out-patient for some time. He had not suffered any permanent disability, at any rate, no materials are produced to show that he has suffered any such permanent disability. The Tribunal considered the materials before it and awarded a total amount of Rs.96,000/- under the heads referred to in paragraph 12 of the impugned award. 2. The learned counsel for the appellant contends that the appellant is aggrieved by the impugned award. M.A.C.A.No.218/09 2 3. Called upon to explain the nature of the specific challenge which the appellant wants to mount against the amounts awarded under the impugned award, the learned counsel for the appellant contends that the monthly earnings of the appellant reckoned at Rs.2,000/- per mensum is not sufficient or just. The appellant is shown to be an autorickshaw driver. Precise evidence to come to any better conclusion is not made available at all and we are in these circumstances satisfied that the quantum of monthly earnings fixed which has relevance only in ascertaining the loss of earnings cannot be said to be erroneous as to warrant appellate interference. While computing the quantum of loss of earnings, we note that even though the appellant was an in-patient for a period of 16 days, the Tribunal had reckoned four months as the period of involuntary unemployment as a result of the accident. An amount of Rs.15,000/- has been awarded under the head pain and suffering. Though no specific disability is proved, probably taking note of the temporary disability, the Tribunal, it is seen, has awarded a further amount of Rs.5,000/- as compensation for disability. Interest at 7% per annum has also been granted. M.A.C.A.No.218/09 3 4. In any view of the matter, we are not persuaded to agree that the impugned award warrants or demands appellate interference. 5. The challenge hence fails and this M.A.C.A is accordingly dismissed. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) jsr M.A.C.A.No.218/09 4 M.A.C.A.No.218/09 5 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009