IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 MACA.No. 72 of 2010() --------------------- OPMV.1422/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OPMV: ---------------------------------------------------------- SANTHOSH, S/O.CHIRAKKAL AUGUSTHY, CHOOLAKKADAVU DESOM, KUTTICHIRA VILLAGE, CHAIPPINKUZHY P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY, SRI.A.N.SANTHOSH. RESPONDENT(S): RESPONDENTS IN OP(MV): -------------------------------------------------------------------- 1. DEVASSIKUTTY, S/O.PAYYAPPILLY OUSEPH, KUTTIKKAD P.O. 2. SHAJU, S/O.JNATTUVETTI CHANDRAN, KUTTICHIRA P.O. 3. THE NATIONAL INSURANCE CO.LTD., MAIN ROAD, IRINJALAKUDA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.72 OF 2010 ............................................. Dated this the 24th day of June, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in O.P.(No).1422/2005. The claimant sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.38,900/=. It is against that decision, the claimant has come up in appeal for enhancement. 2. What the claimant has sustained is fracture of the ribs and also some cerebral concussion. The disability certificate was produced. The doctor has not been examined, claimant also has not been examined and the disability certificate is not proved. The court below has awarded the entire medical expenses, also granted loss of earnings and further awarded a sum of Rs.12,000/= for pain and sufferings and Rs.5,000/= towards loss of amenities and enjoyment in life. Considering the nature of injuries and the treatment undergone, I feel that this is a fit case where the Tribunal : 2 : M.A.C.A.NO.72 OF 2010 has awarded just and reasonable compensation. Therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.72 OF 2010