IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 MACA.No. 1042 of 2004(B) ----------------------- OPMV.2641/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ----------------------------------- G.P. SREEDHARAN, PAYANINGAL HOUSE, KIZHAKKUM BHAGOM, CHIRAKKADAVU, KANJIRAPPALLY. BY ADV. SMT.MINI ELIZABETH GEORGE SMT.BETTY K.ALUKKA RESPONDENT(S)/RESPONDENT: --------------------------------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. P.K. THAMPI, PUTHENPARAMPIL HOUSE, NEAR POLICE OUT POST, KURICHI, KOTTAYAM. 3. UNITED INDIA INSURANCE CO., KOTTAYAM DIVISION, REPRESENTED BY ITS DIVISIONAL MANAGER. GOVERNMENT PLEADER FOR R1 SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2008, along with MACA 1117/04, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1042 OF 2004 & M.A.C.A. NO. 1117 OF 2004 = = = = = = = = = = = = = = = Dated this the 4th day of July, 2008. J U D G M E N T Since there is appearance for insurance company in MACA 1042/04 these two appeals are taken up into consideration together. MACA 1042/04 is preferred against O.P.(MV)2641/98 and the other case is filed against O.P.(MV) 2642/98. The injury sustained in O.P.2641/98 is a multiple contusion and swelling on the knee and was only treated as an out-patient. Even no bills were produced to prove the treatment expenses. It was argued that he has taken leave for 110 days. One cannot take 110 days leave for the present injury said to be sustained. The Tribunal in the absence of further materials awarded a compensation of Rs.5,000/- which appears to be just and reasonable. As far as the the other case is concerned, he had only tenderness on the knee and some complaints of pain on the neck. He was also treated as an out-patient and for the said M.A.C.A. Nos. 1042/04 & 1117/04 -:2:- injury Rs.3,500/- was granted. I feel the Tribunal had granted only just and reasonable compensation and therefore the appeals lack merit and they are dismissed. M.N. KRISHNAN, JUDGE. ul/-