IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 MFA.No. 571 of 2002(B) OPMV.1625/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM APPELLANT: PETITIONER IN OP(MV) NO.1625/95 ------------------------------------------ M.R.MURALEEDHARAN NAIR, AGED 42 YEARS, S/O.LATE K. RAGHAVA KURUP, MANIMANGALATH HOUSE, PALACHUVADU, KAKKANAD, COCHIN-30. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS: RESPONDENTS NO.1 TO 3 IN OP(MV)NO.1625/95. ------------------------------------------------------- 1. K.A.VELAYUDHAN, S/O.APPU, KOLANGADU HOUSE, KAKKANAD P.O., COCHIN-30. 2. M.V.BENNY, S/O.M.M.VARKEY, MANGALATH HOUSE, POYYAKUNNAM-KIZHAKKAMBALAM, ERNAKULAM DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE, "SHARANYA", HOSPITAL ROAD, COCHIN-11. R3 BY ADV. SRI.M.S.PATTALI SRI.T.VINOD KUMAR THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.T.SANKARAN, JJ. ---------------------------------------------------- M.F.A. NO. 571 OF 2002 B ---------------------------------------------------- Dated this the 14th January, 2008 JUDGMENT J.B.KOSHY, J. The appellant/petitioner met with an accident on 26.1.1995 at the age of 35. As a result, he suffered compound communited fracture of tibia and inferior pole of right patella. He was put in plaster and treated. The doctor certified 15% permanent disability. But, after seeing the petitioner and considering the injuries, the Tribunal has assessed the permanent disability only at 5%. The total amount awarded by the Tribunal was Rs.1,66,750/- with interest and costs. The contention of the appellant/ petitioner is that the Tribunal should not have differed from the medical certificate in awarding compensation for disability and loss of earning power. 2. The appellant was working as Machine Operator in H.M.T. Limited. He continued in service except for the period of leave. It is true that because of the long leave taken by him he must have lost one increment. The Tribunal has awarded Rs.52,800/- as compensation for permanent disability, Rs.25,000/- for pain and suffering and Rs.20,000/- towards loss of amenities. With regard to loss of income, salary for the entire period of leave was reimbursed to the appellant. The medical M.F.A.. NO.571 OF 2002 :: 2 :: expenses which were not reimbursed by the Company was also awarded. Considering the total amount awarded, we are of the opinion that just and reasonable compensation was awarded by the Tribunal. No interference is required with the award passed by the Tribunal. The Miscellaneous First Appeal is, therefore, dismissed. (J.B.KOSHY) Judge (K.T.SANKARAN) Judge ahz/ J.B.KOSHY & K.T.SANKARAN, JJ. ------------------------------------------- ------------------------------------------- M.F.A.NO. 571 OF 2002 B JUDGMENT 14th January, 2008 -------------------------------------------