IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 MACA.No. 905 of 2004(D) ----------------------------------- OPMV.2101/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER : -------------------------------------- K.K.GOPALAKRISHNAN NAIR, S/O.KRISHNAN NAIR, THEKKILLATHU HOUSE, PERUNNAI (P.O), CHANGANACHERRY. BY ADV. SRI.ANTONY C. ETTUKETTIL RESPONDENTS/RESPONDENTS : --------------------------------------------- 1. L.RAJAN S/O. R.LAKSHMANAN, PUTHUVAL PUTHENVEETTIL, VANDHIPURAM ROAD, CHAVADI MUKKUM, SREEKARAYAM P.O., THIRUVANANTHAPURAM. 2. SURENDRAN CHETTIAR, S/O. VELAYUDHANCHETTIAR, PALLINADAYIL HOUSE, GANDHIPURAM, SREEKARAYAM P.O., THIRUVANANTHAPURAM. 3. THE GENERAL MANAGER, THE ORIENTAL INSURANCE COMPANY, KOTTAYAM. BY ADV. SRI.MATHEWS JACOB (SR.) - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 905 OF 2004 --------------------- Dated this the 2nd day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam, in OP(MV) 2101/95. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.12,650. Dissatisfied with the same, the claimant has come up in appeal. 2. It is seen from the documents produced that he had sustained abrasions to the right leg, left thigh, right forearm, chin and haematoma middle of chest. He was treated as inpatient for 3 days. The accident had taken place on 25.11.94. The disability certificate dated 8.1.02 was issued by the Doctor who had not earlier treated him and that too the reason for disability is the lumbar disc prolapse. He has no abrasion, contusion or any sort of injury on the lumbar region and therefore the Tribunal very correctly disallowed to accept those documents. 3. To start with, he was on leave for 21 days. The Tribunal compensated him to a tune of Rs.4,900/- under that head. Then MACA No.905/04 2 subsequently on account of the prolapsed disk he has taken leave and there is nothing to show that the prolapsed disc is on account of the injury sustained in the accident. A man aged 51 years may get prolapsed disk due to various reasons and unless it is connected with the injuries sustained in the accident, no compensation can be granted. The Tribunal has been very reasonable and has granted a compensation which is just as envisaged under section 166 of the Motor Vehicles Act. The appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MACA No.905/04 3