IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 MACA.No. 1118 of 2005() ----------------------- OPMV.1748/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/PETITIONER: -------------------------------------- SANTHOSH, AGED 39 YEARS, S/O.DAMODARAN, KAIPPALATHIL HOUSE, EDAYAPPURAM KARA, ALUVA EAST VILLAGE. BY ADV. SRI.RAJIV NAMBISAN SMT.AJI S.MENON RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. JOSHY, S/O.VARGHESE, PEKKATTIL HOUSE, NEENDAPPARA KARA,NEAR NEENDAPARA JUNCTION, NERIYAMANGALAM VILLAGE. 2. E.A.GEORGE, ELUVINKUDIYIL HOUSE, ADIMALY. 3. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, POST BOX NO.50, ELANJICKAL PLAZA, CHURCH VIEW JUNCTION, KOTHAMANGALAM. BY ADV. DR.ELIZABETH VARKEY - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1118 OF 2005 --------------------- Dated this the 13th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Perumbavoor, in OP(MV) 1748/01. The appellant, a cable worker by profession, aged 39 years at the time of the accident had sustained a fracture of the parietal bone and was treated as an inpatient for 8 days. The Tribunal awarded a total compensation of Rs.37,976/-. It is against that decision, the present appeal is preferred by the claimant. 2. Heard learned counsel for both sides. On a perusal of the award it can be seen that the Tribunal has been very reasonable in granting the compensation. Though the appellant claimed Rs.5,000/- as the income, as there was no evidence, the Tribunal took it as Rs.2,000/-. He was compensated for two months loss of earning. For pain and suffering, Rs.10,000/- was granted. The actual medical expenses incurred were given. Extra nourishment and bystanders expenses were also granted. Though no disability was produced, the Tribunal took note of the fracture of the parietal bone and held that MACA No.1118/05 2 there will be loss of amenities and enjoyment in life and awarded a sum of Rs.8,000/-. So a perusal of the award would conclusively establish that just a reasonable compensation as contemplated under section 166 of the Motor Vehicles Act had been given. Accordingly, this appeal is dismissed. M.N.KRISHNAN, JUDGE vps MACA No.1118/05 3