IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 MACA.No. 104 of 2006(B) ---------------------- OPMV.1206/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER ---------------------------------- SHERIFF, S/O.LATE MAKKAR, AGED 35 YEARS, VAKKILPPADI, CHUNDADAKKAD, KAVASSERY, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.DENIZEN KOMATH SMT.SHAIMA .U. SMT.RINCI ANTONY.T RESPONDENTS : RESPONDENTS -------------------------- 1. DORAISWAMY, S/O.SUBRAMANIAN, VACHAKKARAPATTI, SOUTH STREET, DULUKKAMPATTI, KAMARAJ DISTRICT, TAMILNADU. (DRIVER OF BUS TN.67A-2229). 2. S.S.KANNAN RAJA, S/O.SUBBARAJA, 121 A, SATTUR MAIN ROAD, R.R. NAGAR, KAMARAJ DISTRICT, TAMILNADU, R.C.OWNER OF BUS TN-67A 2229). 3. THE UNITED INDIAN INSURANCE CO. LTD., DIVISIONAL OFFICE, 74, RAILWAY FEEDER ROAD, VIRUDHUNAGAR, TAMILNADU(INSURER OF BUS TN 67A/2229 POLICY NO.090900/31/21/418/1/7251/96 VALID FROM 19-3-1997 TO 18-3-1998) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & N.K.BALAKRISHNAN, JJ. *********************** M.A.C.A No.104 of 2006-B ***************************** Dated this the 29th day of July, 2011 JUDGMENT BASANT, J. Claimant is the appellant. He suffered personal injuries in a motor accident, which took place on 22.05.1997. He suffered only superficial injuries. No bony injuries resulted. He was an inpatient for a period of 6 days. The Tribunal proceeded to award an amount of Rs.10,250/- as compensation as per the details shown below: i) Loss of earning : Rs. 3,000.00 (1,500 X 2) ii) Transport expenses : Rs. 500.00 iii) Extra nourishment : Rs. 500.00 iv) Damage to clothing : Rs. 250.00 v) Bystander's expenses : Rs. 500.00 vi) Medical and Miscellaneous expenses : Rs. 1,500.00 vii) Pain and suffering : Rs. 4,000.00 -------------------- Total : Rs.10,250.00 -------------------- M.A.C.A No.104 of 2006-B 2 2. The learned counsel for the appellant submits that the total amount of compensation and the amounts awarded under each head are grossly insufficient. We take note that the accident had taken place as early as in 1997. We take note of the fact that the injuries suffered were all superficial injuries. We further take note that the claimant was an inpatient only for a period of 6 days. The Tribunal had reckoned Rs.1,500/- as the monthly income and notwithstanding the relatively minor injuries, the Tribunal had reckoned the period of involuntary unemployment to be 2 months. 3. Viewed from any angle, we are unable to agree that the amount awarded is inadequate or insufficient. The amount awarded cannot be said to be unjust or unreasonable as to warrant appellate interference. 4. This appeal is, in these circumstances, dismissed. (R.BASANT, JUDGE) (N.K.BALAKRISHNAN, JUDGE) rtr/