IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 MACA.No. 1018 of 2008(G) ------------------------------- OPMV.747/2001 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): APPELLANT/PETITIONER IN THE OPMV -------------------------------------------------------------- SUDHESWARI@ BINDU, W/O.PREMKUMAR, 34 YEARS, SUDEENDRA BHAVAN, PO.KUZHIMANNA, KEEZHISSERY, MALAPPURAM BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S): RESPONDENTS IN THE OPMV ------------------------------------------------------ 1. P.K.ABOOBACKER, S/O.ABDURAHIMAN KUTTY, KUZHIMANNIL HOUSE, CHEROOPA PO, KOZHIKODE. 2. THE NATIONAL INSURANCE COMPANY LTD., PARCO TOWERS, 4TH FLOOR, P.M.TAJ ROAD, KOZHIKODE ADV. SRI.P.JAYASANKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1018 OF 2008 = = = = = = = = = = = = = = = Dated this the 20th day of January, 2009 J U D G M E N T This appeal is preferred against the award of the I Addl. Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV) 747/01. The claimant, a 27 year old lady sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.10,000/-. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the counsel for the appellant as well as the insurance company. Learned counsel for the appellant had made available before me for perusal the discharge summary as well as the scan report of the abdomen and pelvis. The injured was aged 27 years and she was pregnant at the time of the accident. The scan report revealed that the accident has not affected the pregnant lady's abdomen and pelvis. The discharge summary would reveal that she was admitted in the hospital on 27.10.00 and discharged on 30.10.00. She had a lacerated injury on the mid face and it was a vertical M.A.C.A. 1018 OF 2008 -:2:- injury on the root of the nose. Radiological examination revealed no fracture on the maxilla or on any other facial bones. There was no nasal obstruction as well. So they were injuries which had to be sutured and she was discharged on the 4th day. Taking into consideration the nature of injuries the Tribunal had fixed the compensation at Rs.10,000/- which appears to be just and reasonable as envisaged under Section 166 of the M.V. Act. Therefore the award does not call for any interference and hence the appeal is dismissed but without costs. M.N. KRISHNAN, JUDGE. ul/-