IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 MACA.No. 2685 of 2010 -------------------------------- OPMV.779/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER: SRAVAN MANOJ, S/O. MANOJ KUMAR, 1 AND HALF (MINOR), REP. BY FATHER MANOJ KUMAR, C.O., S/O. SREEDHARAN, SREEVALSAM, P.O.KOTTAYAMPOIL. BY ADV. SRI.MATHEW JOHN (K) RESPONDENTS/RESPONDENTS 2 TO 12: 1. PRADEEP KUMAR, S/O. KUNHIRAMAN NAMBIAR, MOTTALA HOUSE, P.O.KOTTAYMPOIL, KUTHUPARAMBA. 2. THE NEW INDIA ASSURANCE COMPANY LTD., KANNUR. 3. KADEEJA UMMA, W/O. LATE ISMAIL, NEW HOUSE, P.O.KINYA, VIA- UICHILA, MANGALORE TALUK. 4. K.I.MUHAMMED, S/O. LATE ISMAIL, -DO-. 5. RAFEEQUE K.T., S/O. LATE ISMAIL, -DO-. 6. IQBAL K.I., S/O. LATE ISMAIL, -DO-. 7. NASEER K.I., S/O. LATE ISMAIL, -DO-. 8. RIYAS K.I., S/O. LATE ISMAIL, -DO-. 9. RISWAN K.I., S/O. LATE ISMAIL, -DO-. 10. HALEEMA K.I., D/O.LATE ISMAIL, -DO-. 11. SAHEERA K.I., D/O.LATE ISMAIL, -DO-. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - MACA. No. 2685 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of January, 2011 Judgment Basheer, J: The only grievance of the appellant is that the Tribunal was not justified in awarding only a paltry sum of Rs.13,800/- as compensation to his minor son who had sustained certain injuries in a road traffic accident. 2. It is true that the 1½ year old child suffered a fracture on the “left tibia and first metatarsal base”. But, it is seen from the award that the child was in the hospital for a period of only three days. The Tribunal after considering the fact that there was no evidence to show that the victim had undergone any prolonged treatment or faced any serious consequential disability, awarded a sum of Rs.10,000/- under the head of pain and suffering, apart from awarding compensation for medical and miscellaneous expenses, extra nourishment, bystander expenses etc. 3. Sri. Mathew John, learned counsel for the appellant contends that the Tribunal was not at all justified in restricting the quantum of compensation under the head of pain and suffering to such a paltry and low amount. We are unable to agree. In the facts and circumstances we do not find any reason to interfere with the discretion exercised by the Tribunal, especially in the absence of any material to substantiate the case of the appellant. The appeal fails and it is dismissed. A.K. Basheer Judge. P.Q. Barkath Ali Judge.