IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 MACA.No. 1168 of 2006() ---------------------------------- OPMV.694/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/1ST RESPONDENT ----------------------------------------- THE MANGING DIRECTOR, NESAMONY TRANSPORT CORPORATION, NOW KNOWN AS TAMIL NADU STATE TRANSPORT CORPORATION, MADURAI DIVISION III, NAGERCOIL. BY ADV. SRI.SUBHASH SYRIAC RESPONDENTS/ CLAIMANTS AND 2ND RESPONDENT ---------------------------------------------------------------------------- 1. DEVASYA, S/O.CHANDI, MOOLAYIL HOUSE, THEKKUPARA - P.O.,KOOTTAPPU,AMBOORI VILLAGE, NEYYATTINKARA TALUK. 2. SATHYANESAN, S/O.SHINGA RAJAN,S.V.COTTAGE, VIZHUNTHAYAMBALAM,PUTTETTI,KILLIYOOR VILLAGE, VIZHAVANKODE TALUK, KANYAKUMARI DISTRICT. BY ADV. SRI.SANU MATHEW - R1 SRI.GEO PAUL - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T When the matter is taken, there is no representation for the appellant. Appeal dismissed for default. 22/07/2008. SD/- M.N.KRISHNAN, JUDGE ORDER ON I.A. NO.1303/2006 IN MACA. NO.1168/2006 DISMISSED 22/07/2008. SD/- M.N.KRISHNAN, JUDGE // TRUE COPY // Rs/ M.N. KRISHNAN, J. ------------------------------ M.A.C.A.No. 1168 of 2006 ------------------------------ Dated this the 20th day of August, 2008 JUDGMENT This appeal is preferred against the award of Motor Accidents Claims Tribunal, Neyyattinkara in O.P(M.V) No. 694 of 2002. The claimant a self employed man sustained injuries in a road accident. The Tribunal awarded him a compensation of Rs. 30,990/-. Aggrieved by that decision, the first respondent/ claimant has come up in appeal. 2. Para 62 of the award deals with the case of the claimant. He was examined as Pw14. It is revealed from the document produced that he had sustained a fracture on the upper(L) Premolar, dislocation lower incisor, lumbar L5, Disc prolapse. He had undergone treatment as an inpatient in the hospital for the period from 15/03/2002 to 12/04/2002. A medical certificate Exhibit A51 was produced, which exhibit shows that he had undergone prolonged treatment, but the Tribunal did not accept it in toto. The Tribunal considered the case and fixed the compensation on the basis that he had a fracture on the upper premolar, dislocation of incisor, lumber disc prolapse and cut injury in M.A.C.A.No. 1168/ 2006 Page numbers the chin and it took the income at Rs. 2000/-. In a case of dislocation of incisor and lumbar disc prolapse on fixation of disability at 3% cannot said to be arbitrary or excessive. The Tribunal has only taken minimum income at Rs. 2000/- and calculated the compensation. I find, on all heads the Tribunal has only awarded just, proper and reasonable compensation and not a higher amount. Therefore, I find that the award passed by the Tribunal is proper and does not call for any inference. Therefore, the appeal is dismissed. M. N. KRISHNAN, JUDGE scm