IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 MACA.No. 1803 of 2010() ---------------------- OP MV.775/2007 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM ................. APPELLANT / PETITIONER : ------------------------------------- MATHEW ANTONY, ULPRAKKATTU (H), NALUKODY P.O., PAIPAD, CHANGANACHERRY. BY ADVS. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENTS / RESPONDENTS : ------------------------------------------------ 1. MATHEW ISSAC, VANCHIPURACKAL (H), VALACHIRA, KADATHURUTHY, 2. ABILASH BABU, SURABHY (H), KUMARAKOM P.O. 3. THE ORIENTAL INSURANCE CO. LTD., KOTTAYAM. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1803 OF 2010 = = = = = = = = = = = = = = = Dated this the 22nd day of September, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV) 775/07. The claimant, a rider of a cycle sustained injuries in a road accident when a jeep hit on the same resulting in injuries to him. The Tribunal awarded him a compensation of Rs.39,790/- and it is against that decision the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as perused the award. In paragraph 11 of the award the injuries are detailed which shows that he had a fracture on the molar bone and also multiple fractures of the left maxillary sinus and left orbit. He was treated as an inpatient in the hospital of six days. Though a salary certificate was produced it was not proved. It is M.A.C.A. 1803 OF 2010 -:2:- also found by the Tribunal that no documents were produced to show any continuity of treatment. The Tribunal granted Rs.9,000/- for three months loss of earnings, Rs.12,000/- for pain and sufferings, Rs.8,000/- for loss of amenities and the actual medical expenses of Rs.8,190/- besides transport expenses, extra nourishment and damages to clothing. There is no disability sustained by the claimant. He has not produced any document nor has tendered any oral evidence to prove contrary. Therefore considering the nature of injuries and the length of treatment I find the compensation awarded is just and adequate as contemplated u/s 166 of the M.V.Act. Since it is a just compensation the appeal cannot be entertained. Therefore the MACA is dismissed. M.N. KRISHNAN, JUDGE. ul/-