High Court Kerala High Court

M.M.Muhammedkutty vs Manjulas on 29 May, 2008

Kerala High Court
M.M.Muhammedkutty vs Manjulas on 29 May, 2008
       

  

  

 
 
  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.
                            --------------------------
                       M.A.C.A. No. 1079 OF 2004
                              ---------------------
                  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