IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 MACA.No. 1890 of 2007(B) ----------------------- OPMV.683/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER ------------------------------------- BENNY M.M., MUNDACKAL, MANNAR KARA, KADUTHURUTHY. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: RESPONDENTS ------------------------------------- 1. JOSEPH, S/O.JOSEPH, PADINJAREKANJIRATHUNKAL, KALATHUR KARA, NAZRATH HILL, KURAVILANGADU VILLAGE. 2. THE NEW INDIA ASSURANCE CO.LTD., PALA. 3. B.S.JOHNY, SRIVALSAM, T.C.4/1741, THIRUVANANTHAPURAM. BY ADV. SRI.P.G.GANAPPAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1890 OF 2007 = = = = = = = = = = = = = = = Dated this the 16th day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)653/03. The claimant, a 33 year old salesman employed in Margin Free Shop sustained injuries in a road accident as a result of which he had a lacerated wound on the right and left knee, type IIIB comminuted fracture 5th metacarpal bone, incised wound over forearm left hand etc. He was treated as an inpatient in the hospital from 24.2.02 to 26.2.02. Suture was removed on 6.3.02 and he was reviewed on 16.3.02. The Tribunal took his income at Rs.3,000, did not accept the disability certificate and awarded a compensation of Rs.31,250/-. 2. Learned counsel for the appellant very strongly contends before me that the Tribunal has erred in not accepting the disability certificate. It is true that the Tribunal as such had not accepted the disability certificate but had M.A.C.A. 1890 OF 2007 -:2:- taken into consideration the factum of the fracture and also the factum that he continues to be an employee in the margin free market. Therefore there is no question of any loss of earning for this man on account of the fracture sustained. The Tribunal took note of the fracture and had taken into consideration the disablement that could have been caused and granted a sum of Rs.15,000/- as a consolidated amount under the head of loss of amenities in life. The Tribunal took note of the fact that he would have been prevented from doing any work for two months and granted him Rs.6,000/- towards actual loss of earnings. On each and every head the Tribunal had applied its mind properly and granted compensation. I find it is only just and reasonable compensation and it does not call for any interference. Therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. M.A.C.A. 1890 OF 2007 -:3:- ul/-