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. 29 of 2011() --------------------- OPMV.783/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): PETITIONER ------------------------ PRANOY.S.P,S/O.LATE PRASAD,5 YEARS, (MINOR),REP.BY MOTHER SAVITHA.C.O,31 YEARS, SREEVALSAM,P.O.KOTTAYAMPOIL. BY ADV. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENT(S): RESPONDENTS 2 TO 12 ---------------------------------- 1. PRADEEP KUMAR,S/O.KUNHIRAMAN NAMBIAR, MOTTALA HOUSE,P.O.KOTTAYAMPOIL,KUTHUPARAMBA. 2. THE NEW INDIA ASSURANCE COMPANY, LTD.,KANNUR. 3. KADEEJA UMMA,W/O.LATE ISMAIL, NEW HOUSE,P.O.KINYA,VIA,UCHILA,MANGALORE TALUK. 4. K.I.MUHAMMED,S/O.LATE ISMAIL, DO. 5. RAFEEQUE.K.I,S/O.LATE ISMAIL, DO. 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.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 PASSED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No. 29 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of January, 2011 Judgment Basheer, J: The only grievance of the appellant is that the Tribunal has awarded only a paltry sum of Rs.5,000/- under the head of pain and suffering, which according to the learned counsel, is too low and inadequate, in the facts and circumstances of the case. 2. Admittedly the minor victim had suffered an abrasion on the right side of the face and a small wound on the right pinna. The child was in the hospital for 6 days. The Tribunal awarded compensation under various heads like medical and miscellaneous expenses, bystander expenses, extra nourishment etc. apart from awarding of Rs.5,000/- under the head of pain and suffering. In the absence of any evidence to show that the appellant had undergone any prolonged treatment or faced such other serious adverse consequences after the accident, it cannot be said that the award of Rs.5,000/- for pain and suffering is inadequate. Having perused the materials available on record, we do not find any reason to interfere with the award passed by the Tribunal. Therefore the appeal is dismissed. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.