IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 MACA.No. 1966 of 2009() ----------------------- OPMV.450/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER: ------------------------------------------- AMJITH, S/O,.VASU, AGED 29 YEARS, RESIDING AT KIZHAKKETHODUKAYIL HOUSE, KONOTTU PO, KOZHIKODE. BY ADVS. MR.V.S.CHANDRASEKHARAN, SMT.LEKSHMI SWAMINATHAN. RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. GANESH P.S, AGE NOT KNWON, RESIDING AT 2/491, SREELAKSHMI, UNITY ROAD, KALAMASSERY, ERNAKULAM 2. NEW INDIA ASSURANCE CO.LTD, DIVISIONAL OFFICE, SILVER PLAZA BUILDING, I.G.ROAD, KOZHIKODE. BY ADV. MR.M.RAJAGOPALAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1966 OF 2009 = = = = = = = = = = = = = = = Dated this the 22nd day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)450/06. In the claim petition the amount shown is Rs.1,00,000/- which has been restricted to Rs.10,000/- but in the document produced before the Tribunal for a scan and medical bill the Tribunal has noted it as Rs.54,401/-. I am afraid that these documents cannot be looked into at all. The discharge card and the accident cum wound certificate would show that he had complaint of pain on the back of the neck. The radiological examination of the cervical spine did not reveal any fracture at all. The Tribunal has taken note of the injuries that had been sustained and it give a compensation of Rs.4,500/- which cannot be said to be incorrect in the M.A.C.A. 1966 OF 2009 -:2:- facts and circumstance of the case. Therefore the award does not call for any interference and hence the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-