IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 MACA.No. 370 of 2003() ---------------------- OPMV.1953/1995 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... : APPELLANT/PETITIONER ------------------------------------- T.K.ABRAHAM S/O. THOMAS, AGED YEARS THAMARAPPALLI, P.O.KALLISSERY, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.P.RADHAKRISHNAN (1) SRI.MADHU RADHAKRISHNAN RESPONDENTS: RESPONDENTS ------------------------ 1. T.C.N.FAROOQUE S/O. P.N.A.KUNHI, NO.226, S.C.ROAD, 2ND CROSS, GANDHI NAGAR, BANGALORE, (OWNER OF BUS KA 012-9600) 2. THUNDAKKANDY VASU S/O. KANARAN, NARAVOOR, KUTHUPARAMBA, (DRIVER OF BUS KA 02-9600) 3. UNITED INDIA INSURANCE COMPANY LIMITED, KANNUR, (POLICY NO.100805/31/40/17689/IX/94 VALID UPTO 11-9-1995) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JUDGMENT In view of the order in C.M.Appln. No.572/2003 , this appeal is dismissed. Sd/-J.B. Koshy, Judge. 6th March,2008 Sd/-K. Hema, Judge. /true copy/ P.A. to Judge. mn. J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.A.C.A.No.370 OF 2003 ------------------------------------- Dated 30th June, 2008 JUDGMENT Koshy,J . The appellant/claimant sustained serious injuries in an accident on 6.12.1994. We have to assess the compensation on the basis of the circumstances in 1994. The main contention of the appellant is that no compensation was awarded for permanent disability and loss of earning capacity. Tribunal noticed that his income was from the rubber factory and as a result of the accident his income was not reduced. Tribunal also noticed that no disability certificate assessing percentage of disability was produced. But, Rs.40,000/= was awarded for physical disability in view of the certificate issued by a psychologist. Certificate of neurologist also did not assess any permanent disability. Total compensation awarded was Rs.1,85,400/= with 9% interest from the date of application (20.11.1995). The award itself was pronounced only in September, 2002. Considering the total compensation awarded, we are of the view that just and reasonable compensation was awarded. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks MFA.370/2003 2 J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- C.M.Appl.No.572 of 2003 in M.A.C.A.No.370 of 2003 ------------------------------------- Dated 30th June, 2008 ORDER Koshy,J . This appeal was filed against the award of the Motor Accidents Claims Tribunal dated 3rd September, 2002 with a petition for condonation of delay of 11 days in filing the appeal. Notice was issued in the delay condonation petition on 21.8.2003, but, process was not filed. When the case was posted, there was no representation and it was dismissed for default on 6.3.2008. Then M.J.C. was filed and the case was restored on 27.6.2008. Even now process is not filed. However, we note that there was only 11 days delay. Hence, for the reasons stated in the affidavit, delay condoned. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks