IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 MACA.No. 708 of 2010(A) ----------------------------------- (O.P(MV).NO.1719/2006 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE) .................... APPELLANT/PETITIONER: ------------------------------------- T.BHUVANESH,S/O.GOVINDAN,AGED 49 YEARS, RESIDING AT THEJAS,AZHCHAVATTAM,MANKAVU.P.O, KOZHIKODE. BY ADVS. SRI.V.S.CHANDRASEKHARAN, SMT.LEKSHMI SWAMINATHAN. RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. DILEEPKUMAR,S/O.RAGHAVAN, AGED NOT KNOWN,RESIDING AT 5/1017,PANINEERUVEEDU, EAST NADAKKAVU.P.O,ERANHIPALAM,KOZHIKODE. (OWNER & DRIVER OF THE MOTORCYCLE BEARING REG.NO. KL-11/U 8992). 2. THE NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE,SILVER PLAZA BUILDING,I.G.ROAD, KOZHIKODE.(INSURER OF THE MOTORCYCLE BEARING REG. NO.KL-11/U 8992 ). R2 BY ADV. SMT.T.C.SOWMIAVATHY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN,J ---------------------- M.A.C.A. No.708 OF 2010 ----------------------------------- Dated this the 28th day of June, 2010 J U D G M E N T This is an appeal preferred against the order of the Claims Tribunal, Kozhikode in O.P.(MV).No.1719/2006. The claimant sustained a fracture of the humerus and the tribunal has awarded him a compensation of Rs.51,510/- out of the claim of Rs.60,000/-. The learned counsel for the appellant would submit before me the medical bills are not totally granted and the reason given is that considering the nature of treatment, the tribunal is not accepting the entire bill amount. It cannot be a ground. But in motor accident claims cases, if just and reasonable compensation has been awarded, normally the appellate court shall not interfere. Here, even without disability certificate the tribunal fix the disability at 8%. Accordingly a compensation of Rs.24,960/- is granted as disability compensation. So taking note of the entire materials, it can be seen that the tribunal has awarded a reasonable compensation for the injury sustained. Therefore, I do not propose to interfere with the award. The appeal fails and dismissed. M.N. KRISHNAN, JUDGE. Sou.