IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 MACA.No. 1007 of 2008(G) ------------------------------------- O.P(MV).NO.1680/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA. .................... APPELLANT/ PETITIONER IN O.P. (MV): --------------------------------------------------------- SANTHA,W/O.CHANDRAN,VATTAPPARAMBAN HOUSE, RESIDING AT THALIYAKONAM DESOM, MADAYIKONAM VILLAGE, MADAYIKONAM P.O.,MUKUNDAPURAM TALUK, THRISSUR. BY ADV. SRI.P.V.BABY, ADV. SRI.A.N.SANTHOSH. RESPONDENTS: ------------------------ 1. RAMESH.M.S., S/O.SANKARAN, MULLAKKRA HOUSE, CHALLINGAD, VIA.KODUNGALLUR. 2. PREMAN,S/O.KUTTAN, MULLAKUTHU HOUSE, KUZHIKKATTUKONAM, MADAYIKONAM P.O., 3. UNITED INDIA INSURANCE CO.LTD., ALENGADAN BUILDINGS, TANA, IRINJALAKUDA. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1007 OF 2008 --------------------- Dated this the 20th day of June, 2008 JUDGMENT This is an appeal preferred against the award of the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 1680/02. The claimant, aged 54 years, sustained fracture of the neck of left femur on account of a road accident. The Tribunal has awarded a compensation of Rs.72,200/- of which Rs.34,800/- represents the medical expenses. 2. The grievance advanced by the claimant is that though she had produced the disability certificate for 15%, the Tribunal has not taken into consideration as such. The Tribunal had given its own reasoning that it is not a certificate issued by a medical board. But the Tribunal was conscious of the factum that there had been some difficulty for the lady on account of the injury sustained and that is why in para 6 of the award the Tribunal observes “ this court feels that a reasonable amount for pain and suffering and loss of amenities on a liberal scale will compensate the petitioner, though disability as such stands not proved.” MACA No.1007/08 2 3. So, in a way, the Tribunal has taken into consideration the disability that might have been caused to the claimant and awarded a liberal compensation on other heads. I find that in a fracture of neck of the femur excluding medical expenses more than Rs.37,000/- is awarded as compensation which is only just and reasonable. Therefore the appeal lacks merit and it is dismissed. M.N.KRISHNAN, JUDGE vps MACA No.1007/08 3 MACA No.1007/08 4