IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 MACA.No. 326 of 2005() ---------------------- OPMV.1381/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT: PETITIONER ----------------------- REJU, S/O.GEORGE, UPPOOTTUNGAL HOUSE, KADAVOOR VILLAGE, KADAVOOR KARA. BY ADV. SRI.P.P.JACOB RESPONDENTS: RESPONDENTS --------------- 1. K.V.RAJU, KUNNATHU HOUSE, MULAVOOR P.O., MUVATTUPUZHA. 2. K.V.JAMES, KUNNATHU HOUSE, MULAVOOR P.O., MUVATTUPUZHA. 3. M/S.ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, T.H.TOWERS, MUVATTUPUZHA. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. ------------------------------------ M.A.C.A. No.326 of 2005 ------------------------------------- Dated this the 18th day of February, 2009 JUDGMENT BASANT, J. Claimant before the Tribunal is the appellant before us. He claimed compensation for the personal injuries suffered in a motor accident, which occurred on 10.05.2000. He claimed an amount of Rs.1.75 lakhs. Only an amount of Rs.47,100/- was awarded. That is the amount awarded after the amendment of the award initially passed. The appellant had suffered fracture of the left femur. He was a pillion rider in a motorcycle. He was an inpatient for 12 days. He claimed to be an agriculturalist earning an income of Rs.2,000/- per mensem. In addition to the oral evidence tendered by the appellant as PW1, there were Exts.A1 to A9 marked on his side to support the claim for compensation. The Tribunal came to the conclusion that the appellant is entitled to a total amount of Rs.47,100/- as per the details given below: i) Loss of earnings : Rs.6,000/- (2000 X 3) ii) Transport to hospital : Rs.1,000/- M.A.C.A. No.326 of 2005 2 iii) Damage to clothing : Rs.500/- iv) Extra nourishment : Rs.1,000/- v) Medical expenses : Rs.21,100/- (against bills produced) vi) Bystander's expenses: Rs.500/- vii) Pain and suffering : Rs.12,000/- viii) Loss of amenities : Rs.5,000/- -------------- Total : Rs.47,100/- The insurance company was made liable to pay the entire amount on the basis of the law as it then stood even though it is submitted at the Bar that the policy was an `Act only' policy. The insurer has not come up in appeal. 2. The appellant claims to be aggrieved by the impugned award. Called upon to explain the nature of challenge which the appellant wants to mount against the impugned award, the learned counsel for the appellant submits generally that the amount awarded under all heads are not sufficient and satisfactory. The loss of earnings has been reckoned only for a period of 3 months. It must have been reckoned for a higher M.A.C.A. No.326 of 2005 3 period, it is contended. We are not persuaded to agree. The total period of hospitalisation was 12 days. 3 months' loss of earnings has already been awarded as compensation. 3. We further note that there is nothing to show that any permanent disability has been suffered. An amount of Rs.12,000/- has already been awarded under the head of pain and suffering. Probably taking into account the temporary partial disability which may have continued after the appellant resumed work after 3 months, the Tribunal had indulgently awarded an amount of Rs.5,000/- as loss of amenities. We are not persuaded to agree that any further amounts are liable to be paid. 4. In the result, this appeal is dismissed. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) rtr/-