IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1079 of 2004()
1. M.M.MUHAMMEDKUTTY,
... Petitioner
Vs
1. MANJULAS, S/O. SOMAN,
... Respondent
2. THE ORIENTAL INSURANCE CO. LTD.,
3. GEORGE JOSE,
For Petitioner :SMT.MINI ELIZABETH GEORGE
For Respondent :SRI.GEORGE CHERIAN (THIRUVALLA)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :29/05/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 1079 OF 2004
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Dated this the 29th day of May, 2008
JUDGMENT
This appeal is preferred against the award passed by the Motor
Accident Claims Tribunal, Kottayam, in OP(MV) 1327/98. The Claims
Tribunal has awarded a compensation of Rs.12,500/- with 9% interest.
2. Learned counsel would contend that the court has erred in
awarding compensation and that it is grossly inadequate. Counsel had
made available before me the wound certificate as well as the discharge
card. The discharge card issued by the Taluk Headquarters Hospital,
Kanjirappally would reveal that the appellant had a fracture of right 5th rib
and multiple abrasions on the back side and leg. The appellant had
undergone treatment as inpatient for 16 days. The court has considered
the materials and awarded Rs.7,500/- for pain and sufferings, Rs.3,000/-
for loss of earning, Rs.1,000/- for treatment expenses and Rs.1,000/- for
bystanders expenses and transportation.
3. Considering the nature of the injuries, the period of treatment
and the gravity of injury, the compensation awarded is only just and
reasonable as contemplated under Sec.166 of the Motor Vehicles Act.
The appeal lacks merit and it is accordingly dismissed.
M.N.KRISHNAN, JUDGE
vps