IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 MACA.No. 479 of 2009() ---------------------- OPMV.1659/2000 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT(S): -------------- LOOBY, D/O.MADHAVAN, AGED 57 YEARS THECKETHODY HOUSE, P.O.ARAKKINAR, BEYPORE AMSOM DESOM, CALICUT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA SRI.ARJUN SREEDHAR SRI.ANEISH RAVINDRA RESPONDENT(S): --------------- 1. M.K.VINURAJ,MAPPILAYANI HOUSE V/133-KOYARITHAZHAM, P.O.ERANHIPALAM, CALICUT. 2. JAYANARAYANAN, S/O.SREEDHARAN NAIR AGED 26 YEARS, PUTHENVEEDU HOUSE P.O.PUNPALA, VANDOOR, MALAPPURAM. 3. NATIONAL INSURANCE CO.LTD DIVISION OFFICE II, P.B.BUILDING, NEAR ARAYIDATHUPALAM, CALICUT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. * * * * * * * * * * * * * M.A.C.A.No.479 of 2009 ---------------------------------------- Dated this the 26th day of February 2009 J U D G M E N T BASANT,J The claimant before the Tribunal is the appellant before us. She, a 50 year old woman, allegedly a tailor by profession, earning an income of Rs.2,500/- per month suffered injuries including fracture of the frontal bone in an accident which occurred on 28/6/2000. She was treated as an in-patient for a period of 16 days. She did not suffer any permanent physical disability. 2. Before the tribunal, Exts.A1,A2 and X1 were made available to facilitate computation of compensation. The tribunal, on an anxious consideration of all the relevant inputs awarded an amount of Rs.23,350/- along with interest @ 7.5% per annum. The details of the amounts awarded are shown below: 1. Transport to hospital Rs.1,000/- 2. Extra nourishment Rs.750/- 3. Bystander expenses Rs.1,600/- M.A.C.A.No.479/09 2 4. Medical expenses Rs.1,000/- 5. Pain and suffering Rs.10,000/- 6. Temporary disablement Rs.6,000/- 7. Loss of amenities in life Rs.3,000/- Total Rs.23,350/- 3. The learned counsel for the appellant claims to be aggrieved by the impugned award. What are the specific grounds which the appellant wants to advance to assail the impugned award? The learned counsel for the appellant explains that the medical expenses awarded at Rs.1,000/- is too inadequate. No document whatsoever were produced. Hospitalisation was for a period of 16 days. She underwent treatment at the Medical College Hospital. It is, in these circumstances, that the tribunal awarded only an amount of Rs.1,000/- towards medical expenses. In addition to this, an amount of Rs.1,600/- for bystanders expenses, Rs.750/- for extra nourishment and Rs.1,000/- for transport to hospital were also awarded. In the total absence of any better data, we are of the opinion that the tribunal committed no error warranting appellate interference in awarding medical expenses of only Rs.1,000/-. M.A.C.A.No.479/09 3 4. Though the hospitalisation was for a period of 16 days, the tribunal, taking note of the injury, awarded loss of earnings under the head of temporary disablement for a period of three months. Though there is only the assertion that the petitioner is a tailor by profession, the tribunal reckoned Rs.2,000/- as monthly income. Accordingly, Rs.6,000/- was awarded under the head of temporary disablement/loss of earnings. Though no disability had resulted, under the head of loss of amenities, a further amount of Rs.3,000/- has also been awarded. Having anxiously considered all the relevant inputs, we are not persuaded to agree that the impugned award suffers from any such vice as to warrant appellate interference/modification. 5. This appeal is accordingly dismissed. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) jsr M.A.C.A.No.479/09 4 M.A.C.A.No.479/09 5 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009