IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 M.A.C.A.No. 1133 of 2008() ----------------------- OP.(MV)1213/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL,PATHANAMTHITTA .................... APPELLANT/PETITIONER: -------------------- MATHEWS THOMAS, PEACE COTTAGE, KUMPLAMPOIKA P.O., MALAYALAPPUZHA VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.T.K.KOSHY SRI.SABU.I.KOSHY RESPONDENTS/RESPONDENTS 2&3: ---------------------------- 1.THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, PAZHVANGADI P.O., RANNY, PATHANAMTHITTA DISTRICT. 2. MARIYAMMA JOHN, S/O. LATE JOB THOMAS, THEKKEKARA HOUSE, PUTHOORMUKKU, KOTTANADU P.O, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/07/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1133 OF 2008 --------------------- Dated this the 1st day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Pathanamthitta, in OP(MV) 1213/00. The claimant, an employee in an Insurance Company at Oman, had sustained injuries in a road accident as a result of which he had suffered fracture of both bones of the right leg. He has produced the disability certificate for 12% and the Tribunal had readily accepted the same. The Tribunal awarded a compensation of Rs.63,200. 2. Learned counsel would contend that the compensation granted for medical expenses, loss of amenities etc., are very low and therefore it requires interference. There is some force in the said contention. But, at the same time, it has to be stated that being an executive of an Insurance Company in Oman till the age of retirement he would not have suffered any loss of earning. Still the Tribunal took the income at Rs.2,000/- and applied the multiplier of 15, for calculating disability compensation. So actually it covers the inadequacy of compensation under other heads. There is also nothing to show that he has to take leave on account of the accident. MACA No.1133/08 2 Most probably the accident took place while he was on leave. Therefore in the absence of materials, compensation cannot be granted. I find that a just and reasonable compensation has been awarded for pain and suffering, loss of amenities and loss of disability etc. Therefore, the appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MACA No.1133/08 3