IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 MACA.No. 2079 of 2010() ------------------------------ (O.P.(MV)NO.506/2006 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA) ..... APPELLANT(S): PETITIONER --------------------------------- ANOOP, S/O.PUSHPAGADAN, CHATHANKATTIL HOUSE, THAZHEKKAD DESOM AND VILLAGE, KALLETTUMKARA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY RESPONDENT(S): -------------------- 1. RAVI, S/O.SREEDHARAN, NADUVATHARA HOUSE, THAZHEKKAD, KALLETTUMKARA P.O., THRISSUR DISTRICT-680 683. 2. MAHESH, S/O.MADHAVAN, THATHAMPILLY HOUSE, KALLETTUMKARA P.O., THRISSUR DISTRICT-680 683. 3. THE NEW INDIA ASSURANCE CO.LTD., NEHRU MEMORIAL HALL, 3RD FLOOR, DR.AMBEDKAR ROAD, PUNE-411 001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2079 OF 2010 = = = = = = = = = = = = = = = Dated this the 15th day of November, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P. (MV)506/06. The claimant sustained injuries as a pillion rider and the Tribunal has awarded a compensation of Rs.59,550/- and dissatisfied with the same the claimant has come up in appeal. Heard the learned counsel for the appellant. He would contend before me that the claimant was on leave for four months for which he had produced a certificate. But the Tribunal has only granted two months loss of earnings. Similarly it is also contended by him that the doctor has assessed the disability at 10% but the Tribunal has taken the whole body disability only at 4% and had granted the compensation. Neither the doctor was examined nor the claimant was examined and M.A.C.A. 2079 OF 2010 -:2:- except for exhibiting the documents none of them were properly proved. The fracture sustained by the claimant was on the ankle and it is clear that he had not been deprived of his job at all and therefore the Tribunal's calculation with a multiplier of 17 is only beneficial to the claimant. In motor accidents claims cases what is expected is a just and reasonable compensation for a fracture of the ankle including the medical expenses. The Tribunal has awarded a sum of Rs.59,550/- which appears to be very just and reasonable. Therefore I do not find any merit in admitting this appeal and therefore it is dismissed. M.N. KRISHNAN, JUDGE. ul/-