IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 MACA.No. 48 of 2010() ------------------------------ OPMV.1687/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- THE NATIONAL INSURANCE CO. LTD., THRISSUR, REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, 2ND FLOOR, OMANA BUILDING, M.G.ROAD, KOCHI-35. BY ADV. MR.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT/R1: --------------------------- 1. PRADEEP KUMAR, S/O.RAMAN, AVINISSERY HOUSE, PARAKKOVIL CHERPU P.O., THRISSUR DISTRICT. 2. THOMAS, S/O.LONA, CHERANGADAN HOUSE, KODALI DESOM, MATTATHOOR VILLAGE, THRISSUR DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 48 OF 2010 = = = = = = = = = = = = = = = Dated this the 8th day of January, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)1687/02. The claimant, moved an application u/s 163A of the M.V.Act for compensation. A perusal of the award would reveal he had tenderness and irregularity of the right fibula and there was angulation of fibula posteriorly in its middle 3rd and there was limitation of flexion of knee. The Doctor of the Medical College Hospital, Thrissur fixed the disability at 9%. The Tribunal has awarded loss of earnings at Rs.10,000/- but reduced the disability to 5% and awarded a disability compensation of Rs.25,500/- and the medical expenses permissible u/s 163A. When a person sustains a very severe injury on the fibula with dislocation it will be more painful and it will take a long time to come into normalcy. I do not find any reason in holding that the Tribunal has not exercised M.A.C.A. 48 OF 2010 -:2:- its discretion judiciously. The compensation awarded is just and proper and it does not call for any interference. Therefore the appeal is dismissed. M.N. KRISHNAN, JUDGE. ul/-