IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 70 of 2009()
1. CHELLAPPAN PILLAI, CHETTIYARA HOUSE,
... Petitioner
Vs
1. UNNI PILLA, RUTHUPARAMBIL,
... Respondent
2. THE UNITED INDIA INSURANCE COMPANY LTD.,
For Petitioner :SRI.PHILIP T.VARGHESE
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :19/01/2009
O R D E R
M.N.KRISHNAN, J
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MACA No.70 OF 2009
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Dated this the 19th day of January 2009
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Kottayam in O.P.(MV)No.1759 of 2005. The claimant, a
72 year old man sustained injuries in a road accident and he has been
awarded a compensation of Rs.12,141/-. It is against that decision, the
claimant has come up in appeal for enhancement.
2. Paragraph 10 of the award deals with the case of the claimant. A
perusal of the award would reveal that the claimant had sustained abrasion
on the right parietal region 1 x 0.5 c.m., abrasion right elbow and abrasion
chest. C.T.scan is taken which revealed that there was no head injury. He
was treated in the hospital as an inpatient for 11 days and the Tribunal has
awarded him a compensation of Rs.1,500/- towards loss of earning even at
the age of 72. It also awarded the entire medical expenses claimed, which
was supported by evidence. The Tribunal also granted compensation
under the heads bystander expenses, extra nourishment, pain and suffering.
Further, the Tribunal awarded Rs.1,000/- towards compensation for loss of
MACA 70/2009 -:2:-
amenities and inconvenience. By any stretch of imagination, one cannot
hold that the amount awarded is not just and reasonable. But, it is just and
reasonable under Section 166 of the Motor Vehicles Act.
Therefore the appeal lacks merit and the same is dismissed.
M.N.KRISHNAN, JUDGE
Cdp/-