IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 MACA.No. 109 of 2004(D) ----------------------------------- O.P.(MV).NO.1499/1996 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM. .................... APPELLANT/PETITIONER: ------------------------------------- MERCY THOMAS, PAREKKATTIL HOUSE, THIRUVATHUKKAL P.O. VELOOR, KOTTAYAM. BY ADV. SMT.MINI ELIZABETH GEORGE, ADV. SMT.BETTY K.ALUKKA. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. SAMUEL THOMAS, PAREKKATTIL HOUSE, PATHINANCHILKADAVU BHAGAM, VELOOR P.O. KOTTAYAM. 2. NATIONAL INSURANCE CO. LTD., KOTTAYAM DIVISION, REP. BY ITS DIVISIONAL MANAGER. ADV. SRI.JOE KALLIATH FOR R2. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.A.C.A. No. 109 of 2004 --------------------------------------- Dated this the 29th day of July, 2008 Judgment Koshy,J. Appellant/Claimant sustained injuries in a motor accident. The tribunal granted a total amount of Rs.28,500/- as compensation with interest at 9% from the date application. The claim petition was filed in 1996 and award was passed in 2003. Petitioner produced a certificate assessing 4% disability and also claimed that she was a tailor, but, no evidence was produced to show that she was a tailor and there was any loss of earning capacity. However, the tribunal has taken into account the difficulties caused by her in the accident. Wound certificate shows that there was fracture in the occipital bone with loss of six teeth. There was no brain damage as per the scan report. We are of the opinion that the amount awarded by the tribunal is just and reasonable and hence no interference is required and the appeal is dismissed. J.B.Koshy Judge P.N.Ravindran Judge vaa W.A.No. /2002 2 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.A.C.A. No.109 of 2004 ------------------------------------- Judgment Dated:29th July, 2008