IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 MACA.No. 885 of 2009() -------------------------------- OPMV.633/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OP(MV) ------------------------- SILVESTER SAMUEL, S/O. SAMUEL, MES COLONY, PACHAMARHI, HOSHANGABAD, MADHYA PRADESH, NOW RESIDING AT DIVINE RETREAT CENTRE, MURINGOOR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. SATHEESH S/O. CHAYIKOTH KUMAR, PANANCHERY, PATTIKKAD P.O. 2. PRAKASAN T.C. S/O. THIRUTHIPULLY PARAMBU CHATHU, KALLEPPADAM P.O., THRISSUR. 3. ORIENTAL INSURANCE CO. LTD., SHOBHA TSM COMPLEX, RAILWAY STATION ROAD, PALAKKAD. R1 BY ADV. MR.JIJO PAUL R3 BY ADV.MR. VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.885 OF 2009 ............................................. Dated this the 18th day of January, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Irinjalakkuda in O.P(MV)No.633/2004. The claimant, a 63 year old man, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.56,150/=. Dissatisfied with the same, the claimant has come up in appeal for enhancement. A perusal of the award would reveal that the claimant had sustained a fracture of the femur with lacerated wound of 6x1 cm over the chin. He was initially admitted in Taluk Headquarters Hospital at Chalakudy and later treated as an inpatient for 13 days in St. James hospital, Chalakudy and had expended about Rs.29,850/= towards medical expenses. It has been granted by the Tribunal. The Tribunal granted him Rs.1,300/= towards bystander's expenses, loss of earnings for three months at the rate of Rs.1,500/=, Rs.15,000/= towards compensation for pain and sufferings, Rs.5,000/=towards loss of amenities and enjoyment in life and Rs.500/= towards : 2 : M.A.C.A.No.885 OF 2009 transport expenses. There is no document produced to show that there had been any temporary disability for the claimant and therefore considering the materials available, it has to be stated that the Tribunal has awarded a just and reasonable amount which does not call for any interference. Therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE cl