IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 MACA.No. 2224 of 2007() ----------------------- (O.P.(MV)No.1527/2002 MOTOR ACCIDENTS CLAIM TRIBUNAL, KOTTAYAM) APPELLANT/PETITIONER ------------------------------------- PUZHPAN K.P., PUTHENPARAMBIL HOUSE, KUMARAKAM, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: RESPONDENTS ------------------------ 1. ROY P.THOMAS, PARAYIL HOUSE, THOOTHOOTTIL BHAGOM, THIRUVANCHOOR, MANARCADU, KOTTAYAM(DELETED FROM THE PARTY ARRAY) 2. XAVIER JOSE, MARINGATTIL HOUSE, KATTAPANA, IDUKKY. 3. THE UNITED INDIA INSURANCE CO. LTD., KOTTAYAM. ADDL. 4. SAVITHRI RAMACHANDRAN, AMRETHA NIVAS, S.H.MOUNT P.O., KOTTAYAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. -------------------------------------------- M.A.C.A.No. 2224 of 2007 -------------------------------------------- Dated this the 2nd day of January, 2008. JUDGMENT Koshy, J: Appellant met with an accident by which he suffered fracture shaft of femur (L) and contusion behind (R) ear. He claimed Rs.3,00,000/- as compensation. He did not suffer any permanent loss of earning capacity. The fracture has united well. For pain and suffering Rs.12,000/- was granted and the medical expenses incurred by him was reimbursed. Even though no evidence was adduced to show that he was on loss of pay leave, Rs.10,000/- was awarded towards actual loss of earning. For loss of amenities Rs.12,000/- was awarded. Total amount awarded was Rs.43,000/- with interest from the date of application and cost. We are of the view that just and reasonable compensation was awarded. There is no merit in the appeal. Appeal is dismissed. J.B.KOSHY, JUDGE. K. HEMA, JUDGE. Krs. J.B. KOSHY & K. HEMA, JJ. -------------------------------------------- M.A.C.A.No. 2224 of 2007 -------------------------------------------- Dated this the 2nd day of January, 2008. JUDGMENT