IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 MACA.No. 379 of 2009() ---------------------- OPMV.1877/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONER ------------------------ DINAKARAN, S/O. KRISHNAN, POONGATTIL HOUSE, THIRUTHIKKAD, P.O. PORKULAM, THRISSUR DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): --------------- 1. E.J. SHAJI, S/O. JOSE, POPAKILLATH HOUSE, OLLUKKARA VILLAGE, MULLAKARA DESOM. 2. P.K. SYALASAN, S/O. KUNJIRAMAN, POOBVANPARAMBIL HOUSE, KIZHAKKUMPATTUKARA. 3. THE BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD., PERINCHERRY BUILDING, ROUND NORTH, THRISSUR. 4. REENA, W/O. LATE SUNNY, KALLINGAL HOUSE, PUTHUR VILLAGE, PONNUKARA. 5. RIYA (MINOR), D/O. REENA, KALLINGAL HOUSE, PUTHUR VILLAGE, PONNUKARA. -2- 6. SIYA (MINOR), D/O. REENA, KALLINGAL HOUSE, PUTHUR VILLAGE, PONNUKARA. 7. REV. FR. RECTOR, LITTLE FLOWER SEMINARY, ALUVA. 8. THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., ALUVA DIVISIONAL OFFICE, P.O. BOX NO.89, URUMBATH BUILDING, PUMP JUNCTION, ALUVA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. ------------------------------------------------- M.A.C.A. No.379 of 2009 ------------------------------------------------- Dated this the 24th day of February, 2009 JUDGMENT Basant,J. The claimant before the Tribunal is the appellant before us. He claimed an amount of Rs.2 lakhs as compensation for the loss suffered by him as a result of the accident which occurred on 27/2/2000. He was an inpatient for a period of 26 days. He suffered no bony injuries; but he had sustained extensive degloving injury on the dorsal side of left ankle to toes and avulsion of skin. There was an injury to tendon also. He was an inpatient for a period of 26 days. There is nothing to show that he has suffered any disability. The injured was aged about 48 years on the date of the accident. 2. Before the Tribunal, Exts.A1 to A10 were marked. 3. The Tribunal, on an anxious consideration of all the M.A.C.A. No.379 of 2009 -: 2 :- relevant circumstances, awarded an amount of Rs.59,950/- along with interest at the rate of 7% per annum as per the details shown below: 1. Medical expenses (against bills produced) - Rs. 24,200/- 2. Loss of earning (Rs.2,000/- x 2 months) - Rs.4,000/- 3. Transport to hospital - Rs.750/- 4. Extra nourishment - Rs.500/- 5. Damage to clothing - Rs.500/- 6. Bistander's expneses - Rs.2,000/- 7. Pain and suffering - Rs.10,000/- 8. Loss of amenities - Rs.8,000/- 9. Compensation for discomfiture - Rs.10,000/- ----------------- Total - Rs.59,950/- ======= 4. The appellant claims to be aggrieved by the impugned award. Called upon to explain the nature of the challenge which the appellant wants to mount against the impugned award, the learned counsel for the appellant, first of all, contends that the award of an amount of Rs.2,000/- per mensem for two months under the head of loss of earning is totally insufficient. The appellant was a business man aged 48 years earning an income M.A.C.A. No.379 of 2009 -: 3 :- of Rs.4,500/- per mensem, it is submitted. No better data is made available to prove the employment or the income of the appellant. In these circumstances, the Tribunal drew the presumption of prudence that the appellant must have been getting an income of Rs.2,000/- per mensem. We are not satisfied that the said presumption warrants appellate interference or modification. 5. No bony injury has been suffered. He was an inpatient for a period of 26 days. We are, in these circumstances, satisfied that the award of compensation for two months under the head of loss of earning does not also warrant appellate interference. 6. The learned counsel for the appellant contends that considering the nature of injuries, the compensation awarded under the head of loss of amenities and compensation for discomfiture is not sufficient. A total amount of Rs.18,000/- is seen awarded, though there is absolutely no evidence to indicate any permanent disability suffered by the appellant. We are satisfied, in these circumstances, that the award of an amount of Rs.18,000/- under the head of loss of amenities and compensation for discomfiture etc., along with a further amount of Rs.10,000/- under the head of pain and suffering is absolutely M.A.C.A. No.379 of 2009 -: 4 :- fair, reasonable and just and, at any rate, the same does not warrant appellate interference or modification. No other contentions are raised. 7. This appeal is, in these circumstances, dismissed. R. BASANT (Judge) C.T. RAVIKUMAR (Judge) Nan/