IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 MACA.No. 1607 of 2008 ------------------------------------- OPMV.765/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT / PETITIONER: ------------------------------------------- MADHAVAN, AGED 40, S/O. PONNAN, CHERIYIL VEEDU, MUNDERKARAD, MANNARKKAD POST, MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS / RESPONDENTS ---------------------------------------------------- 1. SHAMSUDEEN, AGED 22, S/O. YOUSUF, PALATHONI VEEDU, PULLISSERY.P.O, MANNARKKAD TALUK. 2. VEERANKUTTY, S/O. MARAKKAR, KODALIL HOUSE, KALLADIPATTA.P.O, PATTAMBI, PALAKKAD. 3. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, MELEPATTAMBI, PATTAMBI, PALAKKAD. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1607 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of March 2011 JUDGMENT Basheer, J. Appellant sustained some injuries including fracture of left femur lower 1/3rd, in a road traffic accident that occurred on February 24, 2005. He claimed compensation from the owner, driver and insurer of the alleged offending vehicle. In support of his claim, he produced Exts.A1 to A8. The Tribunal, after considering the documentary evidence available on record, awarded a sum of Rs.51,350/- with 8% interest and directed the insurance company to pay the same. The above award is under challenge in this appeal. 2. The case of the appellant was that he was a tailor by profession earning a sum Rs.4,500/- per month. But he did not produce any document or adduce any other evidence in support of the said claim. More importantly appellant did not produce any document to show that he had suffered any disability pursuant to the accident. 3. Keeping in view the above facts and circumstances, the Tribunal awarded Rs.12,000/- under the head of pain and suffering and Rs.8,000/- for loss of amenities. Over and above that the Tribunal awarded a sum of Rs.21,050/- towards medical expenses. Learned counsel submits that M.A.C.A.No.1607 OF 2008 :: 2 :: considering the nature of the injuries, the Tribunal ought to have awarded a reasonable compensation under the head of disability. We are afraid the above contention cannot be entertained. However, keeping in view the fact that the appellant had suffered femoral fracture and also had spent reasonably huge amount towards medical expenses for his treatment in the hospital for 12 days, we are satisfied that a sum of Rs.15,000/- can be awarded as lump sum compensation over and above the compensation awarded by the Tribunal. The award is modified to that extent and the appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes