IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 MACA.No. 824 of 2008() ---------------------------------- OPMV.743/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/PETITIONERS 2 TO 6 IN THE OP(MV) -------------------- 1. SAJITHA, W/O.LATE SATHEESH, ARAYAMPARAMBIL HOUSE, KOTHAPARAMBU, KODUNGALLUR, THRISSUR DISTRICT. 2. NANDAKISHORE (MINOR), S/O.LATE SATHEESH, REPRESENTED BY GUARDIAN MOTHER SAJITHA, ARAYAMPARAMBIL HOUSE, KOTHAPARAMBU, KODUNGALLUR, THRISSUR DISTRICT. 3. SATHEERATHNAM, MOTHER OF LATE SATHEESH, ARAYAMPARAMBIL HOUSE, KOTHAPARAMBU, KODUNGALLUR, THRISSUR DISTRICT. BY ADV. SRI.C.CHANDRASEKHARAN SRI.P.VISWANATHA MENON RESPONDENTS: RESPONDENTS ------------------------ 1. ABDUL GAFFOOR, S/O.HAMSA, PUNCHAPPADATH HOUSE, ABDULLA ROAD, ERIYAD VILLAGE, KODUNGALLUR, THRISSUR DISTRICT. 2. M.B.MOHAMMAD ANSARI, S/O.BEERANKUTTY, MANAYIL HOUSE, LOKAMALESWARAM, KODUNGALLUR, THRISSUR DISTRICT. MACA.NO. 824/2008 3. THE ORIENTAL INSURANCE CO.LTD., PARAMANA BUILDINGS, ALUVA. 4. K.T.JOSEPH, S/O.THOMAS, MARCONI, KOTHATHARA HOUSE, EDAVILANGADU P.O THRISSUR DISTRICT. 5. SAMUEL @ RAJU, KOOTHALIKAL HOUSE, LOKAMALESWARAM, THRISSUR DISTRICT. 6. UNITED INDIA INSURANCE CO.LTD., IRINJALAKUDA, THRISSUR DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.A.C.A. NO. 824 OF 2008 = = = = = = = = = = = = = = = Dated this the 21st day of May 2008. J U D G M E N T This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in OP(MV) 743/94. This petition has a very chequered career and the petitioners are not now inclined to give a quietus to the litigation. The original applicant who was travelling as a pillion rider sustained injuries in a road accident and in the earlier round of litigation the claim was dismissed on the ground of want of proof of negligence. The matter was taken up before this Court and this Court had granted an order of remand and thereafter the Motor Accidents Claims Tribunal had re-appreciated the evidence and arrived at a decision that the accident had taken place on account of the negligence of R1 and R5 and made R3 and R6 liable to pay the same. 2. A perusal of the award would reveal that the injured sustained a fracture on the parietal bone with edema on the MACA 824 2008 -2- occipital area and was treated as an inpatient in the West Fort Hospital for eight days. There is nothing to show that he had sustained any permanent disability. Therefore the Court below proceeded to award a compensation of Rs.5,000/- as medical expenses which is substantiated by bills, Rs.400/- as bystanders expenses, Rs.10,000/- as compensation for pain and sufferings and Rs.4,000/- as loss of amenities and enjoyment in life and another Rs.3,000/- for actual loss of earnings considering the wage structure in the year 1993 and thereby awarded a total compensation of Rs.22,400/-. 3. The learned counsel for the appellant would submit before me that the Tribunal had erred in fixing the income. It has to be remembered that the accident had taken place in the year 1993 even prior to the structural formula that came into force. Considering the wage structure at that time the Court had taken a reasonable amount and awarded the compensation. Similarly the compensation awarded under other heads appears MACA 824 2008 -3- to be extremely reasonable and it does not call for any interference. The interest awarded is also quite reasonable and therefore there is nothing to interfere with the award passed and hence the MACA is dismissed. M.N. KRISHNAN, JUDGE. ul/-