IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 MACA.No. 829 of 2008() ---------------------- OPMV.1300/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... AAPPELLANT: PETITIONER: -------------------------------------------- KUNHIRAMAN NAIR, S/O.RAMAN NAIR, AGED 58 YEARS, KAYARATTU HOUSE, AMBALAVATTAM POST, PANAMANNA, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR RESPONDENTS: RESPONDENTS 1 TO 3: ------------------------------------------------------------- 1. KHASIM, AGE NOT KNOWN , FATHER'S NAME NOT KNOWN, CHOLAYIL HOUSE, VANIYAMKULAM POST, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. KHASIM SAYED ALI ALAVI, S/O.SAIDALAVI, AGED ABOUT 42 YEARS, CHOLAYIL HOUSE, PANAYOOR POST, VANIYAMKULAM, OTTAPALAM TALUK, PALAKKAD DISTRICT. 3. THE NATIONAL INSURANCE COMPANY LIMITED, DIVISION NO.10, FLAT NO. 101-106. N-1, BMC HOUSE, CONNAUGHT PLACE, NEW DELHI. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 829 OF 2008 = = = = = = = = = = = = = = = Dated this the 23rd day of May, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV)1300/05. Aggrieved by the quantum of compensation awarded the claimant has came up in appeal. The total compensation awarded is Rs.51,840/-. The claimant had sustained a comminuted fracture of the lower fibula. He had undergone hospitalization for 18 days initially and a medical certificate is produced as well as a disability certificate. Even according to the Doctor the permanent disability is only 5%. He is working as a security and he is aged 55 years. Strictly speaking this injury may not affect his earning power but still taking into consideration the disability and making it as 3% and applying a multiplier of 11 the Court has awarded the compensation. Similarly the full medical bills had been ordered to be reimbursed. For by-standers expenses Rs.3,000/- is allowed, for pain and sufferings Rs.15,000/- is M.A.C.A. 829 OF 2008 -:2:- granted and towards loss of income for three months Rs.4,500/- is granted. On an over all analysis of the materials available the Court below has awarded a just and reasonable compensation and therefore I find no ground to entertain this appeal and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-