IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 MACA.No. 2359 of 2009() ----------------------------------- OPMV.811/2001 of 1ST ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER ------------------------------------ CICILY THANKACHAN, AGED 59 YEARS, W/O.THANKACHAN, PUTHAN VILAYIL HOUSE, P.O.CIVIL STATION, KOZHIKODE. BY ADV. MR.V.S.CHANDRASEKHARAN, SMT.LEKSHMI SWAMINATHAN. RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. V. RADHA, W/O.NARAYANAN, AGED 58 YEARS, VARIANGATTIL HOUSE, GURUVAYOOR.P.O, MALAPPURAM. 2. NATIONAL INSURANCE COMPANY LTD, KOLANCHERRY BRANCH, P.B.NO.6, MEDICAL JUNCTION, KOLENCHERRY. R2 BY ADV. MR.JOE KALLIATH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2359 OF 2009 ............................................. Dated this the 3rd day of February, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.811/2001. The claimant , a lady sustained contusion on the left side of the interior chest wall and she has been awarded a compensation of Rs.18,100/= by the Tribunal. It is clear from the award that she had not sustained any fracture. She had complaints of shoulder pain and she was having cervical spondylosis. Spondylosis cannot be attributed as a result of a road accident. The Tribunal has awarded a reasonable compensation under all heads. Except for the 14 days' inpatient treatment, there is no problem for her. Even then for the treatment of spondylosis also medical expenses had been granted by the Tribunal. Reasonable amount has been awarded for pain and sufferings, loss of amenities, medical expenses, transport expenses and bystander's expenses. So, it is only a just and reasonable compensation as contemplated under Section 166 of the Motor Vehicles Act : 2 : M.A.C.A.No.2359 OF 2009 has been awarded. Therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.2359 OF 2009