IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 MACA.No. 2584 of 2008() ----------------------- OPMV.694/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): -------------- ANTO, S/O. CHERUPARAMBIL OUSEPH, VELLIKULANGARA DESOM, VILLAGE AND POST, MUKUNDAPURAM TALUK, THRISSUR DISTRIC. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): --------------- 1. K.J. ABDULKHADER, S/O. KANDAYAN KAREEM, PUTHIPALLY STREET, PALAKKAD. 2. SHAJIMON, S/O. AKAPADAN HANEEFA, POTHUNDY, NENMARA VILLAGE. 3. THE NEW INDIA ASSURANCE CO. LTD., PDC BK BUILDING, HPO ROAD, SULTANPET, PALAKKAD. ADV. SRI.PMM.NAJEEB KHAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------------------- M.A.C.A. NO. 2584 OF 2008 ------------------------------------------ Dated this the 24th day of September, 2009. J U D G M E N T This is an appeal preferred against the award of the Motor Accident Claims Tribunal, Irinjalakkuda in O.P.(M.V) No.694 of 2003. The claimant aged 34 years old business man by profession sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.14,200/-. It is against that decision the claimant has come up in appeal for enhancement. A perusal of the award that is paragraph 10 would reveal that he has sustained a lacerated wound on the both bones on the forearm another lacerated injury on left eyebrow and another wound over the right knee. He was an inpatient in the hospital for 3 days. The document produced shows the disability at 7% but that has not been accepted by the court below. I fully agree with the Tribunal on the same. The nature of injuries sustained would never have caused any disability to the claimant. It is not proved by examining any person and the injuries seen extracted in the award only reveals that three lacerated wounds. Nothing to show any treatment after the discharge and therefore, I feel the claim for disability compensation cannot be granted. Tribunal was very considerate to the claimant and awarded Rs.6,000/- for M.A.C.A. NO. 2584 OF 2008 2 pain and suffering and Rs.2,000/- loss of income besides the actual medical expenses and treatment expenses and Rs.300/- each for buy- standing and transporting. It is only a just and reasonable compensation is envisaged Under section 166 of the Motor Vehicles Act and therefore, the appeal lacks merits and the same is dismissed. M.N. KRISHNAN, JUDGE. pm M.A.C.A. NO. 2584 OF 2008 3 M.A.C.A. NO. 2584 OF 2008 4