IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 MACA.No. 888 of 2008(D) ------------------------------ OPMV.825/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER ---------------------------------------- VALSAN, S/O.RAVEENDRAN, THEKKUMPURAM HOUSE, P.O.NANDIPULAM, VARANTHARAPPILLY, THRISSUR DISTRICT. BY ADV. SRI.C.CHANDRASEKHARAN RESPONDENT(S): RESPONDENTS ----------------------------------------- 1. P.V.RAMADASAN, S/O.VISWAMBHARAN, PALLATHERY HOUSE, P.O.NANDIPULAM, PINCODE NO. 680 319, THRISSUR DISTRICT. 2. NATIONAL INSURANCE CO.LTD., KOLLANNUR DEVASSY SMARAK BUILDING, ROUND EAST, THRISSUR DISTRICT. ADV. SRI.MATHEWS JACOB (SR.) FOR R2 SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 888 OF 2008 = = = = = = = = = = = = = = = Dated this the 24th day of September, 2008. 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)825/02. The Tribunal has awarded a compensation of Rs.23,500/- with 7% interest. Learned counsel for the appellant would contend before me that the Tribunal has not properly fixed the income and also has not taken into consideration the disability certificate. He would then contend before me that initially the claimant was admitted in one hospital and later he came to the District Co-operative Hospital at Thrissur and he was an inpatient there with fracture on the spine. But a perusal of the record would show that he was inpatient in the hospital only for a day. The Tribunal did not accept the disability certificate holding that it was not proved. It has also to be remembered that the petitioner had not been examined and there are no concrete materials to hold regarding the case of disability. I cannot find fault with the M.A.C.A. 888 OF 2008 -:2:- Tribunal for not having accepted the disability certificate but at the same time it had applied its mind and granted a good compensation for pain and sufferings as well as for loss of amenities and enjoyment in life. Therefore the award does not call for any interference. The appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-