IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 MACA.No. 3105 of 2009() ------------------------------------ OP(MV) NO.955/04 & 173/2005 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THODUPUZHA ............ APPELLANT(S): PETITIONER: -------------------------------------------- BINDHU, AGED 30 YEARS, W/O.JOJO, PUNNATHAZHATHU HOUSE, ELAMDESOM KARA, ALAKODE VILLAGE, THODUPUZHA TALUK. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, BY ADV. SRI. THOMAS J.ANAKKALLUNKAL. RESPONDENT(S): --------------------------- 1. JOSEPH, S/O.SAMUEL, AGED 40 YEARS, NEDIYUZHATHIHL HOUSE, SANYASIODA KARA, PAMPUDUMPARA VILLAGE, IDUKKI DISTRICT. 2. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM. 3. SUNIL, S/O. JOSEPH, AGED 30 YEARS, AMBILIVILASOM HOUSE, PIZHAKU KARA, RAMAPURAM VILLAGE, KOTTAYAM DISTRICT. 4. HARIDAS, S/O.K.K.BHASKARAN, MALAYIL HOUSE, CHANGANASSERY, KOTTAYAM DISTRICT. 5. NATIONAL INSURANCE CO.LTD., REPRESENTED BY ITS BRANCH MANAGER, CHANGANASSERY, KOTTAYAM DISTRICT. R5 BY ADV. SMT.SARAH SALVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. ------------------------- M.A.C.A.NO. 3105 OF 2009 ------------------------------------- Dated this the 22nd day of September, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Thodupuzha, in O.P.(MV) No. 955/2004. The claimant was a passenger in an autorickshaw along with another and it is her case that a KSRTC bus came from behind, hit on the back of the autorickshaw resulting injuries to her. The Tribunal found that KSRTC is liable for the accident and directed to pay a sum of Rs.39,800/- as compensation. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. The learned counsel submitted that, the compensation awarded is grossly inadequate. A perusal of the award would reveal that the claimant had sustained a fracture on the neck of fibula and sub luxation of acromio-clavicular joint of left shoulder. She was treated as an inpatient in a hospital for four days. The medical expenses incurred was Rs.6794/-. I find that the Tribunal fixed income at Rs.3,000/- per month and awarded a very reasonable compensation for two months loss of M.A.C.A.NO. 3105/2009 2 earning. Reasonable expenses for transportation expenses and bystander was also awarded for pain and suffering, an amount of Rs.15,000/- was awarded. Eventhough, there was no disability, the Tribunal considering the factum of a fracture on the neck of the fibula and sub luxation of acromio-clavicular joint of left shoulder, awarded Rs. 7,000/- towards loss of amenities and enjoyments in life which is reasonable. Therefore, the appeal fails and the same is dismissed. M.N.KRISHNAN, JUDGE ln