Mathew Antony vs Mathew Iassac

M.N. Krishnan, J.—This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV) 775/07. The claimant, a rider of a cycle sustained injuries in a road accident when a jeep hit on the same resulting in injuries to him. The Tribunal awarded him a compensation of Rs. 39,790/ - and it is against that decision the claimant has come up in appeal for enhancement.

Heard the learned Counsel for the appellant as well as perused the award. In paragraph 11 of the award the injuries are detailed which shows that he had a fracture on the molar bone and also multiple fractures of the left maxillary sinus and left orbit. He was treated as an inpatient in the hospital of six days. Though a salary certificate was produced it was not proved. It is also found by the Tribunal that no documents were produced to show any continuity of treatment. The Tribunal granted Rs. 9,000/ - for three months loss of earnings, Rs. 12,000/ - for pain and sufferings, Rs. 8,000/ - for loss of amenities and the actual medical expenses of Rs. 8,190/ - besides transport expenses, extra nourishment and damages to clothing. There is no disability sustained by the claimant. He has not produced any document nor has tendered any oral evidence to prove contrary. Therefore considering the nature of injuries and the length of treatment I find the compensation awarded is just and adequate as contemplated u/s 166 of the M.V. Act. Since it is a just compensation the appeal cannot be entertained. Therefore the MACA is dismissed.