IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 MACA.No. 1476 of 2008 -------------------------------------- OPMV.109/2000 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT/PETITIONER: ACHUTHAN.T.P., S/O.LATE KUNHIRAMAN KALLUNGAL THAZHATH HOUSE, PUTHIYAPPA, PO.ELATHUR, CALICUT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENTS/RESPONDENTS: 1. INDIRA MOHAN KUMAR, D/O.SURENDRAN, MALABAR HOUSE VETERINARY HOSPITAL ROAD, CALICUT. (RC.OWNER OF CAR NO.KLN.5995) 2. SIYAD, S/O.MOOSA, C.P.PARAMBATH SHAMLAS HOUSE, AZHIYOOR AMSOM DESOM. (DRIVER OF THE CAR NO.KLN.5995) 3. THE NATIONAL INSURANCE CO.LTD., G.R.ROAD, CALICUT. INSURER OF CAR NO.KLN.5995). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.1476 of 2008 --------------------------------- JUDGMENT Koshy, J. The appellant/petitioner sustained injuries in a motor accident. According to him, he sustained head injury including fracture of lower end of ulna right side. He was a fish merchant aged 55. No disability certificate was produced. According to the appellant, he has loss of memory and there is no other difficulties. The entire medical expenses were reimbursed. The Tribunal awarded an amount of Rs.35,000/- towards pain and sufferings and Rs.12,000/- for loss of amenities. Even though there was no evidence Rs.2,500/- was taken as the monthly income and granted three month's income as compensation for loss of earning capacity. A total compensation of Rs.62,882/- with 8% interest per annum from the date of application and also an amount of Rs.750/- as cost was awarded by the MACA 1476/08 2 Tribunal. We are of the opinion that just and reasonable compensation is awarded and no interference is called for. The appeal is, hence, dismissed. (J.B.Koshy, Judge) 6th August, 2008 (K.P.Balachandran, Judge) tkv