IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 MACA.No. 1912 of 2005() ------------------------------------ OPMV.107/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): APPELLANTS/CLAIMANTS ----------------------------------------------------------- 1. ABDUL SHABAHIR (MINOR), S/O.MOHAMMED KUNHI, REP. BY NEXT FRIEND FATHER GUARDIAN AS SECOND PETITIONER. 2. MOHAMMED KUNHI, S/O.ABDURAHIMAN, R/AT SHOHEB MANZIL, ARAMANGANAM ROAD, HADAD NAGAR, P.O.BARA, (VIA)UDUMA, KASARAGOD DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S) - RESPONDENTS: ----------------------------------------------- 1. K.KUNHIKRISHNAN, S/O.BALAKRISHNAN, BANNARATHIL VEEDU, VEDIKUNNU, POST BARA, KASARAGOD DISTRICT. 2. MOHAMMED GULZAR, S/O.A.K.IBRAHIM, ABDUR, KAYYAR NEW HOUSE, (VIA)GURUPUR, MANGALORE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = M.A.C.A. No.1912 of 2005 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 13th day of November, 2008 J U D G M E N T ---------------------- Koshy, J. A child aged 13 years sustained injuries to the right eye in a motor accident. Doctor certified that there is 50% defects in the right eye. Left eye was normal. Tribunal awarded only Rs.48,600/- Learned counsel for the appellant contended that only Rs.15,000/- was awarded for disability and the above amount is inadequate. The percentage of disability as to the whole body was not certified by the Doctor. Doctor was not examined. Medical expenses were reimbursed. There is no insurance coverage to the offending vehicle which was a motor cycle. Considering the injuries suffered and age of the appellant we find that just and reasonable compensation is awarded by the Tribunal. There is no merit in the appeal and it is dismissed. J.B. KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv