IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 MFA.No. 726 of 2002() ------------------------------- OPMV.484/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER: ------------------- THIMMAYYA S/O. KARIYA, AGED 45 YEARS, ERUMAKOLLY ESTATE SUPERVISOR, DIVISION NO.2, MEPPADI POST, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENTS: RESPONDENTS/RESPONDENTS: ------------------------------------- * 1. GOPINATHAN AGED 30 YEARS, S/O. NARAYANAN NAIR, CHULIYATH HOUSE, ERUMAKOLLY ESTATE PADY, MEPPADI POST, WAYANAD DISTRICT. (DRIVR OF KL-10/8078 AUTORICKSHAW) (DELETED) * 2. K.M. MAMOOTTY, AGE NOT KNOWN, KEERAMPALLY HOUS, POST PADINHRATHARA, WAYANAD DISTRICT. (OWNER OF KL-10/8078 AUTORICKSHAW)(DELETED) 3. NATIONAL INSURANCE CO.LTD., KALPETTA, (POLICY NO.570309/31/93/63/00235) * THE NAMES OF 1ST AND 2ND RESPONDENTS ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DT. 10.4.08 IN IA. 755/08. BY ADV. SRIE.M.JOSEPH,SC FOR NATIONAL INSURANCE THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06/06/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- M.F.A.NO.726 OF 2002-E ---------------------------------------------------- Dated this the 6th day of June, 2008. JUDGMENT Koshy, J: The appellant/claimant sustained injuries in a motor accident due to the negligence of the 1st respondent, driver of the vehicle owned by the 2nd respondent and insured by the 3rd respondent insurance company. The compensation claimed was Rs.1,50,000/=. The Tribunal awarded only Rs.15,350/=. As an interim award Rs.25,000/= was awarded. The medical certificate shows that as a result of the accident, he has 15% disability. The only injury is fracture clavicle right. His employment was not lost. Ext.A5 salary certificate shows that his monthly income was Rs.1,526.50 at the time of the accident. The Tribunal allowed Rs.1,500/= as loss of wages. At the maximum he may be entitled to get two months' more wages as loss of income. The Tribunal awarded Rs.10,000/= for pain and sufferings and Rs.3,000/= was awarded for the slight discomfort through out his life due to the fracture. It is true that he was an employee and his employment was not lost. He continued in employment. The Tribunal found that the disability was certified by MFA.726/2002 . 2 the doctor in a private hospital who was not examined. Even if Rs.7,000/= is awarded for disability, the total compensation will be below Rs.25,000/=. By way of interim award, Rs.25,000/= was given by the Tribunal. We are of the opinion that Rs.25,000/= with interest is just and reasonable compensation. Since that is the amount already deposited, no further amount is payable. The appeal is dismissed. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl MFA.726/2002 . 3 J.B. KOSHY & P.N. RAVINDRAN, JJ. M.F.A.NO.726 OF 2002-E JUDGMENT 6th day of June, 2008.