IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 MACA.No. 856 of 2011() ---------------------- OPMV.1209/2007 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ PEETHAMBARAN, S/O.K.C.SREEDHARAN, PULPARAMBIL HOUSE, P.O.KOTTOOLI, KOTTOOLI AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.ANEISH RAVINDRA SRI.ARUN KRISHNA DHAN SRI.JOSEPH GEORGE(MULLAKKARIYIL) SRI.K.RATHISH KUMAR RESPONDENT(S): RESPONDENTS -------------------------- 1. FAISAL BABU, S/O.SAINUDHEEN, MELAPPATT HOUSE, KOTTIPPARUTHI, P.O.VALANCHERI, TIRUR, MALAPPURAM (R.C.OWNER OF MARUTHI 800 CAR BEARING NO.KL-10/X 2362). PIN - 676552. 2. P.SHANAVAS, S/O.ABU, PARAYIL HOUSE, P.O.VALANCHERI, KARINGATHONI, MALAPPURAM DISTRICT (R.C.OWNER OF MARUTHI 800 CAR BEARING NO.KL-10/X 2362). PIN - 676552. 3. NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, NOOR COMPLEX, NEAR ARAYIDATHPALAM, MAVOOR ROAD, KOZHIKODE (R.C.OWNER OF MARUTHI 800 CAR BEARING NO.KL-10/X 2362). PIN - 673001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: R. BASANT & N.K. BALAKRISHNAN, JJ. ------------------------------------------------- M.A.C.A. No.856 of 2011-B ------------------------------------------------- Dated this the 15th day of July, 2011 JUDGMENT Basant,J. The appellant is the claimant. He claimed compensation for personal injuries suffered by him in a motor vehicle accident which took place on 2/11/2006. Against a claim of Rs.1 lakh, the Tribunal awarded a total amount of Rs.25,600/- as per the details given below: 1. Loss of earnings - Rs.6,000/- (3000 x 2) 2. Transport to hospital, extra nourishment, damage to clothings etc., - Rs.1,500/- 3. Bystander's expenses (inpatient for one day) - Rs. 100/- 4. Loss of amenities - Rs.2,000/- 5. Pain and sufferings - Rs.16,000/- ---------------- Total - Rs.25,600/- ======= 2. The appellant had suffered fracture of right radial head with dislocation. He was an inpatient for one day. He was M.A.C.A. No.856 of 2011 -: 2 :- treated by close reduction. POP slab was given under general anesthesia as emergency procedure. There is nothing to show that there was any disability suffered by him. 3. 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 submits that no amount has been awarded for medical expenses. No medical bills were produced. Even in the absence of medical bills, from the other documents available, it is easy to come to the conclusion that some expenditure must have been incurred for medical treatment. It will be puerile for a Tribunal constituted to render rough and ready justice to insist on documentary evidence to support every item of expenditure. Reasonable inferences can certainly be drawn. Thereby, dissuading the parties from the compulsion to concoct documents unnecessarily. Just conclusions about indisputable minimum expenditure incurred will have to be inferred by all Tribunals called upon to ensure just and reasonable compensation to victims. It will of course have to be remembered that the burden to prove to the actual loss is on the claimant and if he does not aver cogent evidence, he will be loser or he will get only the minimum indisputable amount. But reasonable amounts must be directed to be paid and there should not be ritualistic insistence on production of M.A.C.A. No.856 of 2011 -: 3 :- documents. We do note that no amount has been awarded under the head of medical expenses, in spite of the evidence to the effect that the appellant was an inpatient for one day in a private hospital. But we are not persuaded to admit this appeal on that short reason because we find that even in the absence of any better evidence, an amount of Rs.16,000/- has been awarded under the head of pain and suffering. A further amount of Rs.2,000/- under the head of loss of amenities has also been awarded even though there is no semblance of even a suggestion that any disabilities were suffered. 4. We are satisfied that the amount of Rs.25,600/- awarded represents fair, just and reasonable compensation in the circumstances of this case notwithstanding the omission to award any specific amount under the head of medical expenses. We are satisfied that our appellate jurisdiction under Sec.173 of the Motor Vehicles Act need not be invoked. 5. This appeal is, in these circumstances, dismissed in limine. Sd/- R. BASANT (Judge) Sd/- N.K. BALAKRISHNAN (Judge) Nan/ //true copy// P.S. to Judge