IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 MACA.No. 215 of 2005() ---------------------------------- OPMV.1617/1997 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER: ------------------------------------- KRISHNAKUMAR, AGED 31 YEARS, SON OF NARAYANA PILLAI, ORIGINALLY RESIDING AT PULIKKAPARAMBIL HOUSE, NEAR SINI THEATRE, MARADU P.O. AND NOW AT VISHNU VIHAR, CHITTEZHATHUVELI, NADAKKAVU P.O., UDAYAMPEROOR, PIN-682 307. BY ADV. SRI.ANIL S.RAJ, SMT.NITHYA.K., SMT.MANJUSHA MOHANDAS.. RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. BABU THOMAS, S/O. THOMAS, MUNDADAN HOUSE, KIDANGOOR, (VIA) ANGAMALY. 2. M.O. THOMAS, S/O. OUSEPH, MOOLEN HOUSE, EAST OF L.P.SCHOOL, SOUTH KIDANGOOR KARA, THURAVOOR VILLAGE, ALWAYE TALUK. 3. THE NATIONAL INSURANCE COMPANY LIMITED, BRANCH II, AJAY VIHAR, M.G.ROAD, COCHIN-16. R3 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE, ADV. SRI.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ----------------------------------------------- M.A.C.A.No. 215 of 2005 ----------------------------------------------- Dated this the 27th day of January, 2011. J U D G M E N T Balakrishnan, J. The claimant in O.P.(M.V) No. 1617/97, M.A.C.T., Ernakulam is the appellant. It is alleged that he sustained injury in a motor accident which took place on 10.6.97. Copy of the wound certificate made available by the learned counsel for the appellant shows that the appellant had sustained only an abrasion with soft tissue loss on right parietal region, laceration on left supra clavicular region, (sutured), bruising/abrasion/contusion on right shoulder. The appellant contends that he was treated as an inpatient from 10.6.97 to 12.6.97. The learned counsel submits that the doctor certified that he has got disability also. But going through the injuries, it can be seen that no such disability M.A.C.A.215/05 2 could be caused to the appellant due to the injuries sustained in the accident. The disability certificate alleged to have been issued by a private doctor was not proved by examining that doctor. It is also contended that the appellant had spent more than Rs.2,279.65 for the treatment in the hospital. We are not impressed by the argument advanced by the learned counsel for the appellant since the appellant had sustained only very minor injuries as noted in the wound certificate. 2. Without showing the amount payable as compensation towards medical expense, pain and suffering, loss of earning etc. lump sum amount of Rs. 5,000/- was awarded by the learned MACT. It appears that the learned Tribunal did not show the amount payable on each head because the injuries sustained in the accident were very minor. We have gone through the reasoning given by the learned Tribunal. Considering the fact that the injuries M.A.C.A.215/05 3 sustained in the accident was only very minor, we find that the amount of compensation already awarded is just and reasonable and as such this appeal is only to be dismissed. Hence dismissed. PIUS C. KURIAKOSE, JUDGE. N.K.BALAKRISHNAN, JUDGE. rka