IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 10TH OCTOBER 2007 / 18TH ASWINA 1929 MFA.No. 467 of 1999(B) --------------------------- OPMV.92/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT: PETITIONER --------------------------- S. THAJUDEEN, S/o SULAIMAN EETTIVILAVEEDU, KARIYARA, PUNALUR BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENTS: RESPONDENTS ----------------------------------- 1. T.K. HASSAN RAWTHER, THADATHIL PARAMBIL HOUSE,KAVUMKARA,MUVATTUPUZHA 2. SAKHIR HUSSAIN, S/o MUHAMMED HANEEFA KANJIRAMVILAYIL VEEDU, KARIYARA, VILAKUDY, PUNALUR 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., MAIN ROAD,METTUPALAYAM R3 BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 10/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA 467/99 1 K.S. RADHAKRISHNAN & A.K. BASHEER, JJ. ---------------------------------------------------------------- M.F.A. No 467 of 1999 ---------------------------------------------------------------- Dated: 10th October 2007 JUDGMENT Radhakrishnan, J. Claimant is the appellant. Appeal is preferred against the award passed by the M.A.C.T., Punalur in O.P. (MV) No 92 of 1993 which was disposed of along with O.P (MV) No 93 of 1993. Petitioner in O.P. (MV) 93/93 and the claimant in this case were passengers in a motor jeep which met with an accident on 21.12.1987. Consequently claim petition was preferred. Claimant in O.P (MV) No 92/93 claimed an amount of Rs 50,000/-. Claimant in O.P(MV) No 93/93 is the father of claimant in O.P (MV) No 92/93 and he claimed an amount of Rs 75,000/-. Tribunal awarded an amount of Rs 45,150/- to the claimant in O.P. (M.V) No 93/93. Accident is not disputed; so also the insurance policy. However, noticing that the claimant was a gratuitous passenger Insurance Company was absolved and the Tribunal passed the award casting the liability on the owner of the jeep. This appeal is preferred for enhancement of the MFA 467/99 2 compensation. 2. Tribunal has considered the nature of injuries in paragraph 14 of the award. However no disability certificate has been produced and no amount was awarded for permanent disability. Under other heads, in our view, reasonable compensation was awarded by the Tribunal. In the absence of any materials Tribunal is justified in rejecting the claim for permanent disability. Further, adequate compensation has been awarded under other heads. Appeal therefore lacks merits and the same is dismissed. Sd/- K.S. RADHAKRISHNAN Judge Sd/- A.K. BASHEER Judge 10/10/2007 en [true copy]