IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 MACA.No. 2515 of 2009(B) ----------------------- OPMV.103/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OPMV -------------------------------- JOSE, S/O.OUSEPH, NEELANTHARA HOUSE, RESIDING AT KUTTIKKAD DESOM & PO.PARIYARAM VILLAGE MUKUNDAPURAM TALUK, THRISSUR DIST. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS 2 TO 4 IN OP(MV) ------------------------------------------- 1. JOSHY, S/O.DEVASSY, MULANGADAN HOUSE, VETTUKADAVU DESOM, EAST CHALAKUDY PO. 2. THE ORIENTAL INSURANCE CO.LTD, KPN SHPOPPING COMPLEX, OPP.,THIRUVAMBADY TEMPLE, SHORNUR ROAD, THRISSUR. 3. C.N.VINOD, S/O.NARAYANAN, CHAZHIKULAM VEEDU, KODAKARA, IRINJALAKUDA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2515 OF 2009 = = = = = = = = = = = = = = = Dated this the 5th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)103/04. The claimant who was riding on his bicycle was hit by an auto rickshaw and he sustained injuries. The Tribunal awarded him a compensation of Rs.11,500/-. It is for enhancement of the same the claimant has come up in appeal. The injury sustained are a laceration over the right finger and swelling on the back of the head and it revealed a minimum fracture of 4th metacarpal of the right hand. He was an inpatient in the hospital for two days. the Tribunal has considered each and every aspect and awarded Rs.2,000/- towards loss of earnings, Rs.6,000/- towards pain and sufferings and Rs.2,000/- towards discomforts and loss of amenities. Hospital expenses were also awarded at the rate of Rs.500/-. The award appears to be just and M.A.C.A. 2515 OF 2009 -:2:- reasonable as contemplated u/s 166 of the M.V.Act. The Appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-