IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 MFA.No. 1248 of 2001(A) ---------------------------------- O.P(MV).NO.460/1997 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR. .................... APPELLANT/ PETITIONER: -------------------------------------- VIJAYALAKSHMI, W/O. RAMAN, VATTAPARAMBATH HOUSE, MUTTICHUR DESOM, PADIYAM VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL, ADV. SRI.BABU S. NAIR. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. MRS. T. THANKAMANY, W/O. SUBRAMANIAN, MADAMBI HOUSE, THALIKULAM, THRISSUR DISTRICT. 2. SUBRAMANIAN, MADAMBIVEETIL, KAITHAKKAL, THALIKULAM, THRISSUR DISTRICT. 3. THE NEW INDIA ASSURANCE COMPANY LTD., THRIPRAYAR BRANCH. 4. RAJU T.T., S/O. THOMAS, XI/4801, THEKKEVALLIARA HOUSE, SYRAN CHURCH ROAD, KOCHI. 5. P.B. KHALIDH, S/O. BEERANKUTTY, PUNNAKKUTTYPARAMBIL HOUSE, KALOOR, KARUKKEPPILLI, ERNAKULAM, ERNAKULAM DISTRICT. 6. UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, THRIPUNITHURA, ERNAKULAM DISTRICT. BY ADV. SRI.S.U.NAZAR. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.1248 OF 2001 ------------------------------------- Dated 28th February, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained injuries in a motor accident on 5.7.1996. Against a claim for compensation of Rs.1,00,000/=, the Tribunal awarded Rs.3,936/=. Only quantum of compensation is disputed in this appeal. Appellant was aged 41 at the time of the accident. She was treated as inpatient only for two days. She produced Ext.A17 series medical bills for Rs.965/= and Rs. 1,500/= was awarded for medical and other incidental expenses. According to the claimant, she is a teacher and she took half pay leave for 50 days from 5.7.1996 to 23.8.1996. Tribunal was of the opinion that injuries sustained by her were very minor and she might have taken leave not due to this. There was no fracture. She only complained of head-ache. No disability certificate was produced. Considering the facts and circumstances of the case, we are of the view that no enhancement is needed in the compensation awarded by the Tribunal. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks