IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 MACA.No. 196 of 2010() ----------------------------------- OPMV.612/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PEITIONER IN OPMV -------------------- SALEESH VARGHESE, S/O.VARGHESE, KOMBARAKKARAN HOUSE, VAZHAKKUNNY DESOM, PERAMBRA VILLAGE, POTTA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. MR.P.V.BABY MR.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OPMV ------------------------- 1. T.MURUGESAN, S/O. PALANIAPPAN, NO.83, 1ST MAIN ROAD, KALASIPALAYAM NEW EXTENSION, BANGALORE, KARNATAKA - 560002. 2. U.RAMASWAMY @ RAMAN, S/O. VARATHARAJ, VELAYAPETTI PALAYAM, SANKARI TALUK, SALAM DISTRICT TAMIL NADU. 3. THE NATIONAL INSURANCE CO.LTD., 1ST FLOOR, SHARADAMMA BUILDINGS, BYE-PASS ROAD, HOSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN,J. ====================== M.A.C.A.No.196 OF 2010 ====================== Dated this the 12nd day of March 2010. JUDGMENT This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda, in O.P.(MV).No.612/2005. The claimant a 29 year old man sustained injuries in a road accident and he has been awarded a compensation of Rs.24,300/-. Aggrieved by the same, the claimant has come up in appeal for enhancement. 2. I have gone through the award. It is seen from the award that the main injuries sustained is the undisplaced fracture of the 5th and 6th ribs on the right side. The Tribunal was considering entire matter in the backdrop of the documents produced. It has awarded a reasonable compensation under all heads; i.e., Rs.4,000/- for loss of income, Rs.8,000/- for pain and suffering and Rs.3,000/- for loss of amenities. The fracture of the ribs has not resulted in any phenumothorax which is the normal complication that may arise when the impact on the chest creates on the lungs. M.A.C.A.No.196 OF 2010 2 The compensation has been awarded properly. Therefore, I find only just and reasonable compensation has been awarded. Appeal fails and dismissed. M.N.KRISHNAN,JUDGE. mns