IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 MACA.No. 1323 of 2010 -------------------------------------- OPMV.1294/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT / PETITIONER: ------------------------------------------- RAJENDRA BABU, S/O.KUMARAN, CHOOLOOR VEEDU, MUZHANGODI MURI, KALLELIBHAGAM VILLAGE, KARUNGAPPALLY. BY ADV. SRI.K.G.PAVITHRAN RESPONDENTS / RESPONDENTS: ----------------------------------------------------- 1. P.M.BASHEER, ORIPPURATHU PUTHENPURAYIL, K.S.PURAM, KATTIKADAVU, KARUNAGAPPALLY, KARUNAGAPPALLY.H.O., PIN-690 518 2. RADHAKRISHNAN, S/O.NANOO, THARAYIL KIZHAKKATHIL, KALLELIBHAGAM MURI, KALLELIBHAGAM VILLAGE, KARUNAGAPPALLY. KARUNAGAPPALLY.H.O., PIN-690 518 3. THE ORIENTAL INSURANCE CO.LTD, DIVISIONAL OFFICE, KOLLAM (LIC BUILDING) KOLLAM P.O., PIN-691 001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1323 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August 2010 JUDGMENT Basheer, J. Appellant, who had sustained a comminuted fracture of Tibial condyle in a road traffic accident, filed an application under Section 166 of the Motor Vehicles Act seeking a sum of Rs.2,50,000/- towards compensation. 2. The Tribunal, after considering the oral testimony of the appellant and Exts.A1 to A11 produced by him, passed an award in his favour for a sum of Rs.93,000/- with 7.5% interest from the date of petition till realization. The appellant did not have a case that he had suffered any permanent or partial disability. He had not produced any Disability Certificate also. But still, the Tribunal is seen to have assessed 8% disability for the injury suffered by the appellant and awarded a sum of Rs.32,000/- under that head. Apart from the above, the Tribunal has awarded a sum of Rs.8,000/- for loss of earning; Rs.3,500/- for transportation to hospital and also Rs.12,000/- for pain and suffering in addition to Rs.33,000/- towards medical expenses. 3. Learned counsel for the appellant contends that the Tribunal ought to have reckoned appellant’s monthly income as Rs.4,000/- as he M.A.C.A.No.1323 OF 2010 :: 2 :: was running a medical shop and earning a handsome income. However, the appellant did not produce any document in support of the above contention. 4. We have perused the discharge card (Ext.A8) produced by the appellant before the Tribunal. Though learned counsel made a persuasive plea to enhance the compensation, in the facts and circumstances of the case we are not satisfied that any interference is warranted with the award passed by the Tribunal. In our view, the Tribunal has awarded just and reasonable compensation to the appellant. Therefore, the appeal is dismissed in limine. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes