IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 MFA.No. 850 of 2002(B) --------------------------------- O.P(MV).NO.261/1994 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE. .................... APPELLANT/ PETITIONER: -------------------------------------- V.DINESAN, AGED 30 YEARS, S/O.NARAYANA MENON, RESIDING AT KOTTOOR HOUSE, PATHAPPIRIYAM AMSOM DESOM, ERANAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.MUJEEB. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. E.V.PAVITHRAN, S/O.CHATHUKUTTY, AGED ABOUT 63 YEARS, KUNIKKATU HOUSE, POST VAKAYAD, KOTTUR, NADUVANNUR, KOZHIKODE TALUK, 2. K.V.ASOKAN, S/O.GOVINDAN NAIR, AGED 49 YEARS, KOOZHAMVALLY HOUSE, AVIDANALLUR AMSOM DESOM, NEAR KOOTTALIDA PANCHAYATH OFFICE. 3. THE NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE THRIPURI BUILDING, EAST NADAKKAVU. 4. V.N.SUMEENA, W/O.JAYAPRAKASH, VARODIKKANDY HOUSE, P.O.ELATHUR. M.F.A. NO. 850/2002: 5. M.P.SIVANANDAN, S/O.VELAYUDHAN, AGED 39 YEARS, MANIYAMPARAMBATH HOUSE, VENGALI, ANDI ROAD, ELATHUR AMSOM DESOM, KOZHIKODE TALUK. 6. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, KINGSWAY BUILDING, MAVOOR ROAD, CALICUT. BY THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 07/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.850 OF 2002 ------------------------------------- Dated 7th January, 2008 JUDGMENT Koshy,J . Appellant/claimant while working as cleaner in a bus met with an accident. He sustained severe injuries including fracture of mandible and lost three of his teeth on the lower jaw. Permanent disability certificate was not produced. Tribunal found that there was no permanent disability and awarded an amount of Rs.29,250/= with 9% interest from the date of application i.e., from 27.1.1994 till the date of deposit. The award itself was passed only in 2001. The contention of the insurance company that cleaner is not covered by the policy is not accepted and considering the total amount granted with interest and also considering the injuries, we are of the opinion that just and reasonable compensation was awarded. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks