IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 MACA.No. 1724 of 2005() ---------------------------------- OPMV.306/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: -------------------------------------- GEORGE VARKEY @ BENOY, S/O. VARKEY, RESIDING AT MYLICKAL HOUSE, PANDIPPARA, THANKAMANI, IDUKKI, NOW RESIDING AT VAZHANGOLIL HOUSE, KOZHIPPILLY, KOTHAMANGALAM. BY ADV. SRI.SIBY MATHEW SMT.ANNIE PAUL RESPONDENTS/RESPONDENTS --------------------------------------------- 1. A.T. THOMAS, S/O. THOMAS POTHEN AYILIKUNNEL HOUSE, KAMASHY P.O., KATTAPPANA, IDUKKI. 2. C.G. KRISHNANKUTTY, CHEMBAKANCHERY HOUSE, KATTAPPANA, IDUKKI. (* DELETED) 3. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO.LTD., NEAR HEAD POST OFFICE, CHANGANACHERRY. * NAME OF R2 IS DLETED FROM THE PARTY ARRAY, AS PER ORDER DATED 15/07/2008 IN MACA.NO.1724/2005. BY ADV. SRI.P.MURALEEDHARAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1724 OF 2005 = = = = = = = = = = = = = = = Dated this the 15th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)306/01. The claimant had sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.56,700/-. 2. A reference to paragraph 16 of the award would show that the claimant had sustained a fracture on the right patella. He has also sustained fracture on the lateral wall of the right orbit, right zygomatic arch and right maxillary sinus. He was treated as an inpatient in the hospital from 7.12.00 to 18.12.00. Doctor issued a disability certificate fixing the orthopedic disability at 10%. A reading of the award would show that on each and every head the Tribunal has been very liberal in granting compensation. It has awarded a total compensation of Rs.56,700/-, accepting the disability as such applying a multiplier and further giving an amount for loss of amenities and enjoyment in life. It has M.A.C.A. 1724 OF 2005 -:2:- also given a reasonable amount for pain and sufferings and the award covers reasonable amount under all heads mentioned under Part -I. Therefore I find that the Tribunal has given a just and reasonable compensation which does not call for any interference and hence the MACA is dismissed. M.N. KRISHNAN, JUDGE. ul/-