IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 MFA.No. 416 of 2003() --------------------- OPMV.807/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD, KALPETTA .................... APPELLANT/PETITIONER: ------------------------------------ SAJI, S/O. MATHEW AGED 19 YEARS, RESIDING AT KARINGATTUKUDIYIL HOUSE, P.O. KARAKKAMALA, PORUNNANNOOR AMSOM KOMAYAD DESOM, MANANTHAVADY TALUK. BY ADV. SRI.N.J.ANTONY RESPONDENTS/RESPONDENTS: -------------------------------------------- 1. BALAKRISHNAN, S/O. UNNI NAIR, AGE NOT KNOWN, RESIDING AT CHERUMOOLA HOUSE, MUTTIL, VYTHIRI TALUK. (DRIVER OF LORRY NO.KL-11D/1579. D.L.NO.NOT KNOWN). 2. A. KOYA, AGE NOT KNOWN, S/O. KUNHALI, RESIDING AT AKKIL HOUSE, KUNNAMANGALAM, KOZHIKODE DISTRICT. (OWNER OF LORRY NO.KL-11D/1579). 3. KERALA STATE INSURANCE DEPARTMENT, KOZHIKODE (POLICY NO.1242/538/95/KKD). 4. DISTRICT COLLECTOR, WAYANAD, CIVIL STATION, KALPETTA, (REPRESENTATIVE OF THE GOVT. AS THE VEHICLE IS INSURED WITH KERALA STATE INSURANCE.) BY ADV. SRI.M.RAMESH CHANDER - R1 & R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.F.A. No. 416 OF 2003 --------------------- Dated this the 2nd day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kalpetta, in OP(MV) 807/95. The appellant/ petitioner is a headload worker by profession. He sustained injuries in a road accident. He had sustained a fracture of the medial malleolus right. He was initially treated in the District Hospital, Mananthavadi and later referred to Fatima Mata Mission Hospital, Kalpetta for 12 days. The Tribunal did not accept the disability certificate and awarded a total compensation of Rs.15,800/-. 2. I had perused the award and find that under the head of loss of earning an additional amount of Rs.2,500/- to be granted. Towards the transport expenses another amount of Rs.500/-, for bystanders expenses another amount of Rs.1000/- and for loss of amenities and enjoyment of life another amount of Rs.5,000/- is granted. Even if it is added, the total compensation would come to Rs.24,800/-. A preliminary award of Rs.25,000/- has already been passed by the Tribunal and the amount has been disbursed. Therefore there is no point in interfering with the award at this point of time. The appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps