IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 215 of 2005()
1. KRISHNAKUMAR, AGED 31 YEARS,
... Petitioner
Vs
1. BABU THOMAS, S/O. THOMAS,
... Respondent
2. M.O.THOMAS, S/O. OUSEPH,
3. THE NATIONAL INSURANCE COMPANY LIMITED,
For Petitioner :SRI.ANIL S.RAJ
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN
Dated :27/01/2011
O R D E R
PIUS C. KURIAKOSE &
N.K.BALAKRISHNAN, JJ.
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M.A.C.A.No. 215 of 2005
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Dated this the 27th day of January, 2011.
J U D G M E N T
Balakrishnan, J.
The claimant in O.P.(M.V) No. 1617/97, M.A.C.T.,
Ernakulam is the appellant. It is alleged that he sustained
injury in a motor accident which took place on 10.6.97.
Copy of the wound certificate made available by the learned
counsel for the appellant shows that the appellant had
sustained only an abrasion with soft tissue loss on right
parietal region, laceration on left supra clavicular region,
(sutured), bruising/abrasion/contusion on right shoulder.
The appellant contends that he was treated as an inpatient
from 10.6.97 to 12.6.97. The learned counsel submits that
the doctor certified that he has got disability also. But going
through the injuries, it can be seen that no such disability
M.A.C.A.215/05 2
could be caused to the appellant due to the injuries
sustained in the accident. The disability certificate alleged
to have been issued by a private doctor was not proved by
examining that doctor. It is also contended that the
appellant had spent more than Rs.2,279.65 for the treatment
in the hospital. We are not impressed by the argument
advanced by the learned counsel for the appellant since the
appellant had sustained only very minor injuries as noted in
the wound certificate.
2. Without showing the amount payable as
compensation towards medical expense, pain and suffering,
loss of earning etc. lump sum amount of Rs. 5,000/- was
awarded by the learned MACT. It appears that the learned
Tribunal did not show the amount payable on each head
because the injuries sustained in the accident were very
minor. We have gone through the reasoning given by the
learned Tribunal. Considering the fact that the injuries
M.A.C.A.215/05 3
sustained in the accident was only very minor, we find that
the amount of compensation already awarded is just and
reasonable and as such this appeal is only to be dismissed.
Hence dismissed.
PIUS C. KURIAKOSE,
JUDGE.
N.K.BALAKRISHNAN,
JUDGE.
rka