IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 MACA.No. 1079 of 2004 () ----------------------- OPMV.1327/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: -------------------------------------- M.M.MUHAMMEDKUTTY, PUTHUPARAMPIL HOUSE, PUNCHAVAYAL, NOW RESIDING AT ELAHIA MANZIL, THAZHATHANGADI, KOTTAYAM. BY ADV. SMT.MINI ELIZABETH GEORGE SMT.BETTY K.ALUKKA RESPONDENTS/RESPONDENTS: -------------------------------------------- 1. MANJULAS, S/O. SOMAN, CHUNDAYIL HOUSE, PUNCHAVAYAL, MUNDAKAYAM (VIA). 2. THE ORIENTAL INSURANCE CO. LTD., KOTTAYAM DIVISION, REPRESENTED BY DIVISIONAL MANAGER. 3. GEORGE JOSE, KELACHANDRA HOUSE, CHINGAVANAM, KOTTAYAM. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: pa M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1079 OF 2004 --------------------- Dated this the 29th day of May, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam, in OP(MV) 1327/98. The Claims Tribunal has awarded a compensation of Rs.12,500/- with 9% interest. 2. Learned counsel would contend that the court has erred in awarding compensation and that it is grossly inadequate. Counsel had made available before me the wound certificate as well as the discharge card. The discharge card issued by the Taluk Headquarters Hospital, Kanjirappally would reveal that the appellant had a fracture of right 5th rib and multiple abrasions on the back side and leg. The appellant had undergone treatment as inpatient for 16 days. The court has considered the materials and awarded Rs.7,500/- for pain and sufferings, Rs.3,000/- for loss of earning, Rs.1,000/- for treatment expenses and Rs.1,000/- for bystanders expenses and transportation. 3. Considering the nature of the injuries, the period of treatment and the gravity of injury, the compensation awarded is only just and reasonable as contemplated under Sec.166 of the Motor Vehicles Act. The appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps