IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 MACA.No. 1235 of 2011() ----------------------- OPMV.1669/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT : PETITIONER -------------- M.T.BIJU, AGED 29 YEARS, SON OF GOPALAN, MAMMIL THAZHATH HOUSE, PALATH P.O, KAKKODI, KOZHIKODE – 673 611. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS : RESPONDENTS --------------- 1. T.C.NOUFAL, SON OF MUHAMMED, THAZHE CHUNGATH HOUSE, P.O.PARANNOOR, PULLALOOR, KOZHIKODE – 673 585. 2. THE SECRETARY, THE MALABAR MOTOR TRANSPORT CO-OP. SOCIETY, KOZHIKODE – 673 611. 3. THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE CO. LTD., KINGS WAY BUILDING, MAVOOR ROAD, KOZHIKODE-673 001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. *********************** M.A.C.A No.1235 of 2011 ***************************** Dated this the 4th day of August, 2011 JUDGMENT BASANT, J. Claimant is the appellant. He claimed an amount of Rs.1,20,000/- as compensation for personal injuries suffered by him in a motor accident which took place on 20.10.2006. He had suffered undisplaced fracture of the head of right radius. An outpatient ticket and wound certificate were produced to prove the nature of injuries. There is nothing to indicate that the appellant was admitted as an inpatient. He had not suffered any permanent disability. The Tribunal awarded a total amount of Rs.18,100/- as compensation as per the details shown below: i) Transport to hospital : Rs. 300/- ii) Extra nourishment : Rs. 300/- iii) Loss of earnings : Rs. 3,000/- iv) Treatment expenses : Rs. 500/- v) Pain and suffering : Rs.12,000/- vi) Loss of amenities : Rs. 2,000/- ---------------- Total :Rs.18,100/- ======= M.A.C.A No.1235 of 2011 - 2 - 2. The challenge is directed only against the quantum of compensation awarded. Called upon to be specific, the learned counsel for the appellant submits that the compensation for the loss of earning awarded (Rs.3,000/-) is too inadequate. Similarly it is further contended that the treatment expenses awarded and the compensation for pain and suffering fixed by the Tribunal are all grossly inadequate. 3. We have considered all the relevant inputs. Undisplaced fracture of the head of the right radius is the only injury suffered. There is nothing to show that the appellant was even admitted as an inpatient. The O.P tickets produced suggest that he was treated as an outpatient. At any rate, there is nothing to show that he was treated as an inpatient as a result of the injuries. For pain and suffering an amount of Rs.12,000/- has been awarded. In addition, a further amount of Rs.2,000/- has been awarded under the head of loss of amenities. Viewed from any angle, we are not persuaded to agree that the impugned award warrants interference by invoking our appellate jurisdiction under Section 173 of the Motor Vehicles Act. M.A.C.A No.1235 of 2011 - 3 - 4. This appeal is, in these circumstances, dismissed in limine. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/