IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 MACA.No. 985 of 2011() ---------------------- OPMV.25/2008 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): -------------- GEORGE, S/O.RAPPAI, CHAKKALAKKAL HOUSE, AATTOOR DESOM, KUTTUR VILLAGE, NOW RESIDING AT C/O.ANTO PALAZHI, MADAPARAMBIL HOUSE, NENMANIKKARA VILLAGE, THRISSUR. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): --------------- 1. PRAMODH, S/O.PRABHAKARAN, VATTAKULAM HOUSE, PANNOOR DESOM, EDAKULATHUR VILLAGE, THRISSUR DISTRICT-680552. 2. N.K.VELAYUDHAN, S/O.KUTTAN, NEELAMPILLI HOUSE, CHITTILAPPILLI DESOM, THRISSUR DISTRICT, PIN 680551. 3. THE MANAGER, NEW INDIA ASSURANCE CO.LTD. PERINCHERY BUILDING, ROUND NORTH, THRISSUR-680061. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & N.K. BALAKRISHNAN, JJ. ------------------------------------------------- M.A.C.A. No. 985 of 2011 ------------------------------------------------- Dated this the 22nd day of July, 2011 JUDGMENT Basant,J. The claimant is the appellant. He claimed compensation for personal injuries suffered by him in a motor accident which took place on 20/9/07. He was a manual labourer aged 48 years. Against a claim of `.2 lakhs, the Tribunal awarded only an amount of `.68,927/- along with interest at the rate of 7% per annum as per the details shown below: Sl.No. Head of claim Amount awarded (in rupees) Basis vital details in a nut shell 1 Loss of earning (total) 12,000/- Rs.2000/- x 6 months 2 Medical and miscellaneous expenses 30,427/- Rs.30,427/- (acceptable bills for Rs. produced) 3 Bystander's expenses 1,500/- Rs.100/- x 15 days - 1 person 4 Transportation expenses 1,000/- 5 Pain and suffering 20,000/- 6 Loss of disabilities 7 Loss of consortium 8 Loss of love and affection M.A.C.A. No. 985 of 2011 -: 2 :- Sl.No. Head of claim Amount awarded (in rupees) Basis vital details in a nut shell 9 Loss of estate 10 Loss of amenities and conveniences etc., 4,000/- Total 68,927/- Rs.68,927/- along with interest at the rate of 7% p.a. from 27/10/2006 till realisation. 2. The appellant assails the quantum of compensation. Called upon to be more specific and precise, the learned counsel contends that the monthly income reckoned by the Tribunal at `. 2,000/- per mensem is too low. For loss of earnings, 6 months earnings has been awarded as compensation. He was an inpatient for 15 days. He had suffered multiple fractures. It is quite possible that another Tribunal or an appellate court may have taken `.2,500/- or `.3,000/- as the monthly income of the appellant. But that is no reason to invoke the appellate jurisdiction under Sec.173 of the Motor Vehicles Act. The discretion exercised by the Tribunal in the admitted total absence of any better evidence does not seem to warrant appellate interference under Sec.173 of the M.V. Act. Admittedly, the insured has not suffered any permanent disability. In spite of that, an amount of `.4,000/- has been awarded as compensation for loss of amenities in addition to the amount of `.20,000/- M.A.C.A. No. 985 of 2011 -: 3 :- awarded under the head of pain and sufferings. 3. We are not satisfied that this appeal warrants admission. This appeal is, in these circumstances, dismissed in limine. Sd/- R. BASANT (Judge) Sd/- N.K. BALAKRISHNAN (Judge) Nan/ //true copy// P.S. to Judge