IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 MACA.No. 1631 of 2011() ------------------------------------ OPMV.602/2010 OF PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANTS/PETITIONERS IN OP(MV: ------------------------------------------------------ K.P. MOHANAN, S/O.K.P. CHEKKUTTY, CHAKKATTUTHAZHAM (H), P.O. CHEVARAMBALAM, KOZHIKODE DISTRICT. BY ADV. SRI.AVM.SALAHUDIN, SMT.P.Y.SHEHEERA. RESPONDENTS/RESPONDENTS IN OP(MV): ------------------------------------------------------------------ 1. ABOOBACKERKOYA V, FATHER'S NAME NOT KNOWN, VANISSERI, KUTTICHIRA, KOZHIKODE. 2. JAMSHIK M.A, S/O.HARIES M.A, ZAREENA MANZIL, KATTUVAYAL, CIVIL STATION, KOZHIKODE. 3. THE NEW INDIA ASSURANCE CO. LTD, SILVER PLAZA, I.G. ROAD, CALICUT-4. R3 BY ADV. MR.A.A. ZIYAD RAHMAN, SC. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs R.BASANT & K.SURENDRA MOHAN, JJ. ---------------------------------------------- M.A.C.A No. 1631 of 2011 ----------------------------------------------- Dated this the 28th day of October, 2011 JUDGMENT R.BASANT,J. Claimant is the appellant. He claimed compensation for personal injuries suffered in a motor accident which took place on 7.11.2009. He claims to be proprietor of a business establishment. Nothing was produced to prove monthly income. He has suffered multiple injuries including fracture of mid palate, fracture of nasal bone and fracture of zygomatic arch. He was an inpatient for a period of five days. He did not suffer any permanent disability. Against a total claim of Rs.1,00,000/-, the Tribunal awarded an amount of Rs.68,006/- as compensation as per the details given in paragraph 11, which we extract: Heads of claims Amount Amount Details claimed allowed 1. Transport to hospital 2,000 1,000 2. Extra Nourishment 2,000 1,000 3,000 X 3 3. Damage to clothing 1,000 500 months 4. Loss of earning 40,000 9,000 entire bills 5. Treatment expenses 50,000 39,756 amount 6. Bystanders expensed nil 750 150 X 5 7. Pain and sufferings 30,000 13,000 days 8. Loss of amenities of 10,000 3,000 life ---------------------- Total 68,006/- 7% interest from 19.4.2010 ========== M.A.C.A No. 1631 of 2011 2 2. The insurance company has been made entirely liable to satisfy the award. We have heard the learned counsel for the appellant. For the 3rd respondent notice has been given to Adv.Ziyad Rehman. 3. The challenge is raised only against the quantum of compensation. Called upon to explain and be specific, the learned counsel for the appellant submits that the amount of compensation awarded under various heads are not sufficient. There was inpatient treatment for a period of five days. Multiple fractures have been suffered. Though no disability is proved, an amount of Rs.16,000/- (13,000 + 3,000 ) has been awarded as compensation under the head of pain and suffering and loss of amenities, the Tribunal assumed that there must have enforced involuntary unemployment for a period of three months even though the period of hospitalization was only for five days. Monthly income was assumed to be Rs.3,000/- in the absence of any materials to prove employment and income. In any view of the matter we are not persuaded to think that the amount of compensation awarded under any head deserves or warrants appellate interference. We find no merit in M.A.C.A No. 1631 of 2011 3 the challenge raised. This appeal is in these circumstances dismissed. R.BASANT (JUDGE) K.SURENDRA MOHAN (JUDGE) rkc