IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 MACA.No. 2144 of 2007() ---------------------------------- OPMV.1191/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER ------------------------------------------------------------- JOY, S/O.BHAVA, PEREPARAMBIL HOUSE, MELOOR VILLAGE, MELOOR DESOM, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENTS/ RESPONDENTS:- ------------------------------------------------ 1. BIJU, S/O.JOSEPH, VALIYARAPRAMBIL HOUSE, MELOOR VILLAGE, MELOOR DESOM, THRISSUR DISTRICT. 2. P.B.JOHNSON, PLOT NO.50, OLD JAGRUTI, KATOL ROAD, NAGPUR. 3. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, CITY HEIGHTS BUILDING, CHALAKUDY. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2144 OF 2007 --------------------------------- Dated this the 18th day of December, 2008 JUDGMENT Heard the learned counsel for both sides. Perused the award. This appeal is preferred against the award of the Motor Accident Claims Tribunal, Irinjalakuda in O.P.(MV) 1191/2001. The tribunal awarded a compensation of Rs. 20,779/- and exonerated the Insurance Company from the liability. It is against that decision the claimant has come up in appeal challenging the exoneration of the liability as well as the quantum awarded. The only material available before me is the award passed in the case. I had carefully gone through it and so far as the exoneration of liability of the Insurance Company is concerned, the tribunal has held that no additional premium is paid to cover the risk of a pillion rider and therefore it exonerated the Insurance Company from the liability. No material is placed before me to show that the additional premium was paid or it was a comprehensive policy with conditions that may take in the risk of a pillion rider. So the said contention cannot be accepted. 2. The next question is regarding the quantum. A perusal of M.A.C.A.No. 2144/07 -2- para 9 of the award would reveal that he had lacerated wound of the right side of scalp, contusion on the temporal area and blunt injury on abdomen. He was inpatient in the hospital for 8 days. With the materials available, the tribunal took the view that an amount of Rs. 20,779/- will be an adequate compensation. It is submitted in the memorandum of appeal that the compensation given for pain and suffering and loss of amenities is insufficient. But it can be seen that he was inpatient only for 8 days and there is nothing else to show he had any other difficulties or complications at later stage. Therefore I do not find any mistake committed by the tribunal in fixing the quantum as well. Therefore the M.A.C.A. lacks merit and accordingly it is dismissed. M.N. KRISHNAN,JUDGE vkm