IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 MACA.No. 1128 of 2008() ----------------------- OPMV.449/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/CLAIMANT IN THE TRIBUNAL ------------------------------------------------------------ JOSEPH, AGED 43 YEARS, S/O. VARKEY, ELAMTHURUTHIYIL HOUSE, VELLAYAMKUDY, KATTAPPANA. BY ADV. MR.S.SACHITHANANDA PAI RESPONDENTS/ RESPONDENTS IN THE TRIBUNAL ------------------------------------------------------------------------- 1. DILEEP, S/O.GOPI, NALUKANDATHIL HOUSE, KRISHNANKUDY BHAGOM, VELLAYAMKUDY.P.O, KATTAPPANA. 2. VISWANATHAN, S/O. NARAYANAN, KUTTIPURATHU HOUSE, VELLAYAMKUDY HOUSE, VELLAYAMKUDY.P.O, KATTAPPANA. 3. ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, ELANGIKKAL PLAZA, CHURCH VIEW JN, KOTHAMANGALAM. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1128 OF 2008 = = = = = = = = = = = = = = = Dated this the 4th day of December, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)449/06. The claimant, sustained abrasions on the left side of the face and right leg. He had also a fracture on two teeth of the upper jaw. His motorcycle was damaged as follows. Front vision light broken and detached. Headlight is dislocated and front tyre rim bent. He had expended an amount of Rs.4,870/-. He was in the hospital only for one day. So necessarily it has to be stated that the amount spent is for correcting the teeth. So adequate compensation is granted towards that. For the damages noted Rs.1,000/- will be sufficient for the repair of the vehicle. The Tribunal has awarded Rs.4,000/- for pain and sufferings, Rs.500/- for extra nourishment besides transport expenses and M.A.C.A. 1128 OF 2008 -:2:- bystanders expenses at the rate of Rs.300/- each. I feel the amount awarded is just and reasonable u/s 166 of the M.V.Act. Therefore nothing requires to be interfered with the finding of the Tribunal and hence the MACA is dismissed. M.N. KRISHNAN, JUDGE. ul/-