IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 MACA.No. 2036 of 2006() ---------------------------------- OPMV.758/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/PETITIONER ------------------------------------ BABU, S/O.MATHEW, KOLLAMPARAMBIL HOUSE, KANJIKUZHI KARA, THODUPUZHA TALUK. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. BENNY, S/O.SEBASTIAN, KOTTARAMKUNNEL HOUSE, KALTHOTTY P.O., AYYAPPANCOVIL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 2. SHINS @ TONI, S/O.DEVASIA, THEKEL HOUSE, (PORAKAYAM KARA), PERUNANTHANAM VILLAGE. 3. UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY ITS BRANCH MANAGER, THODUPUZHA. BY ADV. SRI.K.SANDESH RAJA - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2036 OF 2006 = = = = = = = = = = = = = = = Dated this the 9th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)758/03. The claimant, an agriculturist aged 44 years sustained injuries in a road accident. He had suffered a fracture of the humerus with radial nerve neuropraxia. He was treated in the hospital from 9.2.02 to 15.2.02. He had expended a sum of Rs.12,114/- towards treatment. The Tribunal took his income at Rs.2,000/- and also held that he had not continued treatment and there is nothing to show that he had suffered any disability on account of the accident though Ext.A7 is issued as a disability certificate. It is not seen proved also. The Tribunal has awarded adequate compensation under all heads and on account of the fracture the Tribunal had awarded an amount of Rs.7000/- towards loss of amenities and enjoyment in life. The Tribunal has given liberal compensation for pain and sufferings, loss of M.A.C.A.2036 OF 2006 -:2:- earnings etc. The actual expenses incurred on other heads are also granted which is just and reasonable and it does not call for any interference therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-