IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 23RD JULY 2007 / 1ST SRAVANA 1929 MFA.No. 670 of 2000(B) ---------------------------- OPMV.55/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT: PETITIONER --------------- MURALI, S/O.KANDU, KANDUKADU HOUSE, MALAPATHI, POOTHANUR, MUNDUR I VILLAGE, PALAKKAD DIST. BY ADV. SRI.T.C.MOHANDAS SRI.A.R.GANGADAS RESPONDENTS: RESPONDENTS ----------------- 1. NASAR, S/O.HUSSAIN, MOOTHEDATH HOUSE, KARALMANNA P.O., CHERPLASSERY, PALAKKAD. 2. P.MOHANAN, S/O.RAMANKUTTY, PONNATH HOUSE, THEKKUMURI P.O. KARALMANNA CHERPLASSERY , PALAKKAD. 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, MAHESWARI BUILDINGS, M.G.ROAD, THRISSUR. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) - R3 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- M.F.A.NO.670 OF 2000 (B) ----------------------------------- Dated this the 23rd day of July, 2007 J U D G M E N T KOSHY,J. Claimant petitioner at the age of 20 met with an accident by which he suffered fracture to the ankle of right leg. Medical certificate shows that the above fracture were fully united. However doctor certified that there is 6% permanent disability. The grievance of the appellant is that no compensation was awarded for permanent disability. But we note that tribunal has granted Rs.4,500/- for loss of earning taking Rs.1,500/- as the monthly income. For pain and sufferings Rs.5,000/- was granted by the tribunal. For compensating for the injuries suffered, another Rs.5,000/- was granted and for loss of enjoyment of amenities Rs.3,000/- is awarded. Total amount of compensation awarded was Rs.23,850/- with 9% interest from the date of application till the award. Considering the facts of the case, we are of the opinion that just and reasonable M.F.A.670/2000 2 compensation was awarded and no interference is required in the award and hence this appeal is dismissed. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO.670 OF 2000 (B) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 23rd July, 2007