IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 MACA.No. 1714 of 2011 ----------------------- OPMV.1376/2009 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: -------------- VINOD, S/O. BALAN NAIR RESIDING AT MURALI NIVAS ASARIKKAL PARAMBA PALATH AMSOM DESOM P.O. PALATH, KOZHIKODE DIST. BY ADV. SRI.AVM.SALAHUDIN SMT.P.Y.SHEHEERA RESPONDENTS: --------------- 1. CHANDRAN, S/O. KANARAKUTTY, RESIDING KOLADATH HOUSE, P.O. CIVIL STATION, KOZHIKODE DISTRICT. 673 001. 2. DASAN K.V. S/O. KUNHIKKANARAN, RESIDING AT KAMBALAM VEETTIL HOUSE P.O. CHELANNUR, KOZHIKODE DISTRICT. 673 616. 3. NATIONAL INSURANCE COMPANY LTD. 2ND FLOOR, NOOR COMPLEX, P.B. NO. 811, MAVOOR ROAD, KOZHIKODE DISTRICT. 673 001. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI,JJ ============================== M.A.C.A. NO. 1714 OF 2011 ============================ Dated this the 25th day of October 2011 JUDGMENT R.Basant, J. The claimant is the appellant. He claimed compensation for personal injuries suffered by him in a motor accident which took place on 5/10/2008. He claimed to be a coolie. He was an inpatient for a period of 10 days. Fracture of the left phalanx middle is the injury suffered. Against a total claim of Rs.1,50,000/-, the Tribunal awarded a total amount of Rs.30,869/- as compensation as per the details which are available in paragraph 9 of the impugned award which we extract below: 1) Loss of earning :Rs.6,000/-(3000x2 months) 2)Transport to hospital :Rs. 750/- 3)Extra nourishment :Rs. 750/- 4)Damage to clothings and other articles : Rs. 500/- 5)Treatment expenses : Rs. 3,869/-(as per Ext.A5 series) MACA NO. 1714/2011 2 6. Bystander's expenses :Rs.1,000/-(100x10 days) 7.Pain and sufferings :Rs.15,000/- 8. Loss of amenities of life. : Rs.3,000/- 2. We have heard the learned counsel for the appellant and the learned counsel for the Insurance Company. The challenge is raised only against the quantum of compensation awarded. 3. Called upon to explain and be specific, the learned counsel for the appellant submits that the monthly income of the appellant reckoned by the Tribunal at Rs.3,000/- is grossly inadequate. The appellant is shown to be a coolie. No better evidence is produced about the income. The Tribunal drew the presumption of prudence permissible under clause (6) of the IInd Schedule of the Motor Vehicles Act as also the decisions in Lata Wadhwa & Others. v. State of Bihar & Others,[A.I.R.2001 S.C. 3218] and Laxmi Devi v. Mohammad Tabbar[2008 A.C.J. 1488]. We are unable to find any error warranting appellate interference against the said conclusion drawn by the Tribunal. 4. The appellant was referred to the Medical Board. The Medical Board reported that no disability has resulted. In spite of that an amount of Rs.18,000/- was awarded under the heads of MACA NO. 1714/2011 3 pain and suffering (15000) and loss of amenities (3,000). The learned counsel contends that the amount awarded under these heads are not sufficient. We are unable to agree. Considering the nature of the injuries and the period of hospitalisation, we are satisfied that adequate and just amounts have been awarded under the heads of pain and suffering and loss of amenities of life. Even though no disability is shown to have resulted, an amount of Rs.3,000/- is seen awarded under the head of loss of amenities in life. 5. We are not persuaded to agree that the amount awarded warrants appellate interference. The challenge fails. 6. This appeal is, in these circumstances, dismissed. Sd/- ks. R. BASANT, JUDGE Sd/- M.C. HARI RANI, JUDGE true copy P.S.to Judge