IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 MACA.No. 899 of 2005() --------------------------------- OP.1234/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER. ----------------------------------- JOJU. P.V. S/O.VELAYUDHAN, PERUMBATHUPRAMBIL HOUSE, P.O.NADAVARAMBA, THRISSUR DISTRICT. BY ADV. MR.M.V. THAMBAN MR.V.CHITAMBARESH, SENIOR ADVOCATE ADV. MR.SREEKANTH.K.R RESPONDENTS/RESPONDENTS. --------------------------------------------- 1. M.V. ANIL, S/O.NARAYANAN, MATHURUTHY HOUSE, VELLANGALLUR, THRISSUR DISTRICT. 2. SUNIL, S/O.RAMAKRISHNAN, NAKKARA HOUSE, P.O.KOTTANALLUR, THRISSUR DISTRICT. 3. THE MANAGER, NEW INDIA INSURANCE COMPANY, KANNAMKULAM BRANCH, THRISSUR DISTRICT. 4. C.V. MOHANAN, CHANASSERY HOUSE, P.O.VELLANGALLUR, THRISSUR DISTRICT. 5. THE MANAGER, UNITED INDIA INSURANCE CO.LTD., BRANCH IRINJALAKUDA, THRISSUR DISTRICT. R3 BY ADV. SMT.A.SREEKALA R5 BY ADV. MR.P.SANKARANKUTTY NAIR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 899 OF 2005 = = = = = = = = = = = = = = = Dated this the 16th day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1234/97. The claimant sustained injuries in a road accident and the Tribunal found R2, 4 and 5 are jointly and severally liable to pay the amount. R5 is the insurance company. The appeal is preferred for enhancement of compensation. A perusal of the award and even the materials averments in the petition itself would reveal that the claimant had not sustained any serious injuries. He had sustained a lacerated wound on the left leg, multiple abrasions on the left leg and big toe. He was treated as an inpatient in the hospital, according to him for 18 days. The Tribunal also while granting compensation for pain and sufferings held that he had sustained lacerated wound and abrasions and therefore granted Rs.1,500/- towards pain and sufferings. Still the Tribunal had taken into consideration the disability certificate produced in this case, M.A.C.A. 899 OF 2005 -:2:- took the disability at 3% and awarded the compensation. I do not want to elaborate, even if the amount is less in some heads the amount granted under the permanent disability will balance the same and this will amount to a just and reasonable compensation u/s 166 of the M.V. Act. Therefore the appeal fails and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-