IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 MACA.No. 256 of 2010(F) ----------------------------------- (O.P.(M.V).NO.1668/2005 DTD. 17/01/2009 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA) .............. APPELLANT/PETITIONER: ------------------------------------- FOUSY, W/O.LATE NABI, AGED 41 YEARS, RESIDING AT KUNNAMMEKKUDIYIL HOUSE, VELLOORKUNNAM VILLAGE, KAVUMKARA KARA, MUVATTUPUZHA. BY ADVS. SRI.A.K.SRINIVASAN, SRI.JIMMY GEORGE, SRI.A.S.BENOY. RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. C.B.MANZOOR, S/O.BASHURUDEEN, CHUNKASSERIL HOUSE, PADA NORTH, KARUNAGAPPALLY, KOLLAM. 2. SANJAYANATH, S/O.RAMAKRISHNA PILLAI, ASHA BHAVAN, EDAKKULANGARA, KARUNAGAPPILLY. 3. THE ORIENTAL INSURANCE CO.LTD, MULLACKAL, ALLEPPEY. 4. V.U.ISMAIL, VELIOYATHUKUKUDIYIL HOUSE, MARKET P.O, MUVATTUPUZHA. 5. BAJAJ ALLIANZ, RAVIS ARCADE, M.G.ROAD, ERNAKULAM. R3 BY ADV. SRI.TITUS MANI, R5 BY ADV. SRI.K.B.RAMANAND. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.256 OF 2010 ===================== Dated this the 23rd day of June 2010 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV) No.1668/2005. The claimant, a lady aged 37 years sustained injuries in a road accident and the Tribunal has awarded her a compensation of Rs.27,500/-. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the learned counsel for the insurance company. A perusal of the award from paragraphs 52 to 61 would reveal that the claimant had sustained a sub dural haematoma on the forehead and minor abrasions on the face and contusion on the right thigh. She was treated in the hospital as an inpatient from 17.7.2005 to 23.7.2005. She had incurred expenses of MACA 256/2010 -:2:- Rs.9,898.28 towards treatment expenses and the Tribunal has awarded Rs.9,900/-. The Tribunal has awarded loss of earning at the rate of Rs.2,500/- for a month. It also granted transport expenses and incidental expenses. The Tribunal also granted Rs.8,500/- towards pain and suffering and Rs.5,000/- is granted for loss of amenities. Learned counsel would submit before me that the compensation awarded for pain and suffering is too low. I cannot agree with that for the reason the injury sustained was only on the haematoma and there was no further complications. The Tribunal even in the absence of any materials had granted another Rs.5,000/- towards loss of amenities as well. On a whole, it can be seen that the compensation awarded is just and reasonable, which does not call for any interference. Therefore the appeal lacks merit and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/- MACA 256/2010 -:3:-