IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 MACA.No. 2708 of 2008() ---------------------------------- OPMV.1430/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): APPLICANT ----------------------- GEORGE, AGED 37 YEARS, S/O.ROMIYAS, PALLIVILAKOM PURAYIDOM, T.C. 47/434, POONTHURA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): RESPONDENTS -------------------------- 1. AMEER, KUNNIL VEEDU, MELAI THONNAKKAL, THONNAKKAL P.O. 2. SABU, S/O.THANIYAN, PALLIVILAKOM PURAYIDOM, T.C. 47/964(1), POONTHURA WARD, MUTTATHARA VILLAGE, POONTHURA P.O. 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., RAMAKRISHNA BUILDING, ARISTO JUNCTION, THIRUVANANTHAPURAM. R3 BY ADVS MR.M.JACOB MURICKAN, MR.A.K.RAMACHANDRAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2708 OF 2008 = = = = = = = = = = = = = = = Dated this the 24th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thiruvananthapuram in O.P.(MV) 1430/99. The claimant was travelling in a tempo van which met with an accident resulting in sustainment of injuries. He was treated as an inpatient in the District Hospital, Thiruvananthapuram with abrasions on the forehead, tenderness right infra auxiliary region. He was admitted on 23.6.99 and discharged on 29.6.1999. It is seen that he had also attended Ayurvedic Government Hospital. I proceed to fix his compensation as follows. 2. I have perused the documents and I am convinced that he was travelling in the vehicle involved in the accident as he was immediately admitted and noting of the cause of injury by RTA is there. He was aged 28 years at the time of the accident. Sustainment of injuries would have prevented M.A.C.A. 2708 OF 2008 -:2:- him from doing any work at least for a period of 4 to 6 weeks. I award a sum of Rs.2,000/- towards actual loss of earnings. Towards treatment expenses, bystanders expenses and transport expenses I award a consolidated sum of Rs. 1,000/-, towards pain and sufferings I award a sum of Rs.2,000/-, making a total of Rs.5,000/-. In the result the MACA is allowed and the claimant is awarded a compensation of Rs.5,000/- with 7.5% interest on the said sum from the date of petition till the date of dismissal first on 22.9.03 and from the date of appeal, i.e. 14.10.08, till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-