IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 MFA.No.440 of 2003 ----------------------- OPMV.84/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER: ------------------------------ ABDUL AZEEZ, S/O. MAMMU, AGED 21 YEARS, THURUTHIYIL HOUSE, POST CHERKATTOOR MANANTHAVADY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENTS/RESPONDENTS: ------------------------------------ * 1. NJANAPRAKASH, AGE AND FATHERS NAME NOT KNOWN, DRIVER, PRIYADARSHINI TRANSPORT CORPORATION MANANTHAVADY, WAYANAD DISTRICT. (DRIVER OF BUS NO.KLW 2699 D.L. NO.NOT KNOWN) - struck out 2. THE SECRETARY, PRIYADARSHINI TRANSPORT CORPORATION, MANANTHAVADY, WAYANAD DISTRICT. (OWNER OF BUS NO.KLW 2699). 3. UNITED INDIA INSURANCE CO. LTD., KALPETTA (POLICE NO. NOT KNOWN). *[THE NAME OF THE FIRST RESPONDENT IS STRUCK OUT FROM THE ARRAY OF PARTIES AT THE RISK OF THE APPELLANT VIDE ORDER DT.31/03/08 IN I.A.761/08] ADV. SRI.M.A.HAKIM SHAH FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. F. A. No.440 of 2003 ------------------------------------------------ Dated this the 21st day of October, 2008 JUDGMENT Koshy, J The appellant/claimant at the age of 16 sustained fracture of pelvis in a motor accident. Rs.10,000/- was awarded for pain and suffering. Rs.20,000/- was awarded for disability and loss of earning power. The total compensation awarded by the Tribunal was Rs.38,250/- with 9% interest from the date of application till the date of payment. Considering the nature of injuries sustained, we are of the opinion that just and reasonable compensation was awarded by the Tribunal and no interference is required on the same. M. F. A. No.440 of 2003 -2- Appeal fails and is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-