IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 MACA.No. 1078 of 2006() ---------------------------------- OPMV.1688/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER IN OP (MV0 -------------------- NISHA MARY (MINOR), D/O. JOSEPH, REP. BY NEXT-FRIEND, FATHER JOSEPH, THOTTUNGAL HOUSE, CHERANELLOOR, COCHIN-34. BY ADV. SRI.VIVEK VARGHESE P.J. RESPONDENTS: RESPONDENTS IN OP(MV) ---------------------- 1. P. SUNIL, S/O. CHELLAPPAN, PUTHENPURAYIL HOUSE, MUVATTUPUZHA. 2. THOMAS, S/O. ABRAHAM, CHIRAKKAPARAMBIL HOUSE, NEAR CHULLIKKAVU TEMPLE, T.O.G. ROAD, NJALAKAM KARA, KALAMASSERY. 3. THE UNITED INDIA INSURANCE CO.LTD., MUVATTUPUZHA-686 661. (POLICE NO.101101/31/060/11/03391/1997 & IC 3391). 4. K.H.NASAR, KOCHUVEETTIL HOUSE, THODUPUZHA. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1078 OF 2006 ===================== Dated this the 24th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)No.1688 of 1998. The claimant, a minor girl sustained injuries in a road accident on account of which there was a fracture of the right femur. She was treated in the hospital as an inpatient for a period of 10 days. The Tribunal awarded a compensation of Rs.45,250/-. It is against that decision, the claimant has come up in appeal. 2. The main grievance of the appellant's counsel is that the Tribunal has not granted any compensation for disability. There was an attempt made by the claimant to send her to a Medical Board which was not entertained by the court. The court had given its own reasons and there was nothing visible to prove the disability. I may further add that after the year 1998, not even a scrap of paper is given to show that she had visited the hospital on some disability and had undergone treatment. An application to send the Medical Board simply cannot be entertained unless there are materials and it is really necessitated. If there is any disability, certainly the MACA 1078/2006 -:2:- hospital authorities wherein she had undergone treatment would have issued her disability certificate. She has not produced any document. Further, it can also be seen that even in the absence of a disability certificate, the Tribunal had liberally granted Rs.15,000/- towards loss of amenities and enjoyment in life. It had also in mind about the fracture of the femur and that is why it awarded a compensation of Rs.15,000/- towards pain and suffering. Adequate compensation has been awarded by the Tribunal and I do not find any reason to interfere with the same. Therefore MACA fails and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-