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 3RD FEBRUARY 2010 / 14TH MAGHA 1931 MACA.No. 55 of 2004() --------------------- OPMV.861/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT : APPELLANT ----------------------- SANTHOSH S/O.NARAYANAN NAIR EDAYATTIL HOUSE, VADAYAR.P.O., VADAYAR. BY ADV. SRI.P.B.MOHANKUMAR RESPONDENTS: RESPONDENTS --------------- 1. K.C.VARKEY KUNNATHOOR HOUSE, ELANJI.P.O., MUTHOLAPURAM. 2. GIRISH KUMAR.M.D., S/O.DASAN, MANNARAVELIL HOUSE, KEECHERI KARA, AMBALLOOR VILLAGE, ERNAKULAM. 3. NATIONAL INSURANCE CO,LTD., THRIPUNITHURA BRANCH OFFICE, P.B.NO.48, MARKET JUNCTION-682 301. ADV. SRI.THOMAS KUNNATHOOR FOR R1 SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 55 of 2004 ------------------------------------------------------ Dated: FEBRUARY 3, 2010 JUDGMENT Basheer, J. The appeal was admitted and notice was ordered way back in the year 2004. But the appellant has not bothered to pay process to serve notice on respondent No.2 so far. When this appeal was taken up for consideration on January 12, 2010, neither the appellant nor his counsel was present. Today also the appellant and his counsel are absent. But nevertheless we will proceed to consider the appeal on its merit as well. 2. The appellant who claimed to be a mechanic by profession had sustained some injuries in a motor accident while he was travelling in a bus. He claimed a total sum of Rs.3 lakhs as compensation. Ext.A5 wound certificate revealed that he had suffered open fracture neck of humerus. He was treated as an inpatient in the Medical College Hospital for eight days as could be seen from Ext.A13 discharge certificate. Ext.A7 disability certificate was pressed into service to show that his disability was assessed by the doctor as 17%. But neither the claimant nor the doctor was examined before the Tribunal. Nevertheless, the Tribunal, after considering the documentary evidence available on record, awarded a sum of M.A.C.A. 55 of 2004 2 Rs.24,500/- as compensation with 9% interest thereon from the date of the claim petition till the date of deposit. While assessing the compensation, the Tribunal had taken the monthly income of the claimant as Rs.1500/- in the absence of any satisfactory evidence on record. 3. We have carefully perused the materials available on record and heard the learned counsel for the Insurance Company, respondent No.3. Having done so, we do not find any justifiable reason to interfere with the award. Therefore the appeal is dismissed not only for non-prosecution, but as devoid of merit also. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-