IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 M.A.C.A.No. 965 of 2006(B) ---------------------- OP(MV) NO.1659/2000 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER: ---------------------- MURALEEDHARAN, S/O.KRISHNANKUTTY, AGED 42 YEARS, MANGALAPARAMBU HOUSE, MANACKAPPADY, KARUMALOOR. BY ADV. SRI.P.M.JOSHI RESPONDENTS/RESPONDENTS: ------------------------- 1. VENUGOPALAN, HOUSE NO.12/950, AMBALAPARAMBU, NORTH TO AUNTI ACHARI TEMPLE, PANAYAPPALLY, MATTANCHERRY. 2. V.AJAYKUMAR, 8/1973, PALACE ROAD, MATTANCHERRY, KOCHI 2. 3. THE NATIONAL INSURANCE COMPANY LIMITED, PALARIVATTOM BRANCH, MYDHILY MANDIRAM, JANATHA ROAD, PALARIVATTOM, KOCHI 25. BY ADV. SRI.LAL GEORGE - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 965 OF 2006 --------------------- Dated this the 29th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Ernakulam, in OP(MV) 1659/00. A perusal of the award would reveal that the appellant had sustained a compound fracture of the middle 3rd of the left humerus. The Tribunal had considered the entire documents and had granted an amount of Rs.71,500/- as compensation. Though a disability certificate for 20% was produced, the Tribunal had specifically noted that “when the petitioner was seen by the court and looking at the wound certificate I find that the disability if any cannot in any event exceeds 10%.” So it was on account of a personal satisfaction after seeing the person the Tribunal has arrived at a decision. The Tribunal has awarded Rs.15,000/- towards pain and suffering took the income as Rs.2,000/- and granted disability compensation of Rs.38,400/-. Taking into consideration the nature of injury and the disability as noted by the Tribunal, I feel that the Tribunal has granted a very just and reasonable compensation which does not call for any interference. The appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps