IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 MACA.No. 2627 of 2008() ----------------------- OPMV.75/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): PETITIONER: ------------------------- SUJITH TOM JOSE, THEEMPALAGATTU USHAS, AMALAGIRI POST, MANNANAM KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENT(S): RESPONDENTS: --------------------------- 1. P.V.RAMACHANDRAN NAIR, VATTUKULAM HOUSE, KOZHUVANAL POST, PALA. 2. SURESH @ MANI, KONDONDAYIL HOUSE, NEAR N.S.S KEZHUVANKULAM KARA, PULIYANNUR VILLAGE. 3. THE ORIENTAL INSURANCE CO. LTD., KOTTAYAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A. No.2627 of 2008 -------------------------------------- Dated this the 25th day of November, 2008. JUDGMENT Koshy, J. A 19 year old engineering student sustained injuries in a motor accident on 30.4.2002. Medical Board certified disability at 10%. Taking notional income as Rs.5,000/- per month, compensation was calculated and granted. Medical expenses were reimbursed. Total amount of compensation was Rs.1,90,000/- with 7% interest from the date of application till the date of payment, excluding the period from 23.2.2007 to 1.3.2008 as the petition was dismissed on 22.2.2007 for default and restored only on 1.3.2008. This appeal is filed challenging the inadequacy of compensation awarded by the Tribunal. It is submitted that appellant was employed after the accident and he produced a salary certificate. Considering the nature of injuries, percentage of disability certified and the age of the appellant/claimant, we are of the opinion that just and reasonable compensation is granted and no enhancement is necessary. Appeal is dismissed. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks