IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 MACA.No. 588 of 2010() --------------------- OPMV.833/2006 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA ................... APPELLANT / PETITIONER IN OP(MV): ------------------------------------------------------ SOMASUNDARAN, S/O.RAMAN NAIR, NAMBITTATH HOUSE, KANJOOR (CHUNGAM) DESOM, AMBALLUR VILLAGE, ALAGAPPANAGAR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS / RESPONDENTS IN OP(MV): --------------------------------------------------------------- 1. ANTU P.K., S/O.KUNJUVAREED, PAROKKARAN HOUSE, THUMBOOR P.O. 2. CHOLAMANDALAM M/S. GENERAL INSURANCE CO.LTD., KOCHI REGIONAL OFFICE, KOCHI. R1 BY ADV. SRI.M.C.GOPI R2 BY ADVS. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 588 OF 2010 = = = = = = = = = = = = = = = Dated this the 10th day of November, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV) 833/06. The Tribunal awarded him a compensation of Rs.52,200/- and exonerated the insurance company from the liability and directed the owner cum rider to pay the amount. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for all the sides. So far as the breach of policy conditions are concerned it is seen that the driver did not have a valid driving licence on the date of accident. The driving licence was not even renewed after the statutory period of 30 days and therefore the said finding cannot be found fault with. 3. Now regarding the adequacy of compensation. It is seen that the claimant has suffered a trimalleolar fracture with subluxation of the left angle. The Tribunal has granted M.A.C.A. 588 OF 2010 -:2:- him the actual compensation for medical expenses and Rs.5,000/- for loss of amenities, Rs.5,000/- for the disfigurement mark and other expenses. The Tribunal did not accept the disability certificate. The Tribunal has noted that there was nothing visible by way of any physical disability affecting the petitioner's earning capacity or normal physical conditions. The claimant did not attempt to prove the disability certificate especially when he claims a limb disability of 17%. Taking into consideration the over all materials the compensation awarded appears to be just and adequate and therefore the appeal fails and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-