IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 MACA.No. 372 of 2010(A) -------------------------- OPMV.875/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------------ SAJEEVAN, AGED 31 YEARS, S/O.MUKUNDAN, KANIYAMKANDY HOUSE, BALUSSERY, ERAMANGALAM POST, KOZHIKODE. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENT(S): RESPONDENTS ------------------------------------- 1. C.NASAR, AGE NOT KNOWN S/O. AMMED, CHERUVATH HOUSE, PERAMBRA POST, KOYILANDI, KOZHIKODE. 2. NOUSHAD AGED 23 YEARS,S/O.KUNHAMMED, MARUTHORACHALIL HOUSE, MENHANNYAMASOM DESOM, PERAMBRA POST, KOZHIKODE. 3. THE NEW INDIA ASSURANCE CO.LTD., DIVISIONAL OFFICE, SILVER PLAZA BUILDING, I.G.ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 372 OF 2010 = = = = = = = = = = = = = = = Dated this the 1st day of March, 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)875/07. The claimant, who had sustained a posterior dislocation of the elbow was treated as an out patient. He was awarded a sum of Rs.5,000/- for pain and sufferings, Rs.1,000/- for loss of amenities, Rs.1,000/- for loss of earnings, Rs.500/- as transport to hospital and also damages to clothing as Rs.250/-. The amount awarded appears to be reasonable when compared to the injury sustained by the claimant. Therefore the Tribunal has awarded only a just and reasonable compensation and the hence the appeal fails and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-