IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 MFA.No. 417 of 2003 ----------------------------- O.P(MV).NO.480/1995 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD,KALPETTA. .................... APPELLANT/ PETITIONER: -------------------------------------- C.RAJEEV, AGED 35 YEARS, S/O.P.APPUKUTTY NAIR, CHANGARA HOUSE, ARATTUTHARA P.O., MANANTHAVADY. BY ADV. SRI.N.J.ANTONY. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. M.D.BABU, AGED 32 YEARS, S/O.DEVASSIA, MODAMUTTATHIL HOUSE, ARATTUTHARA P.O., MANANTHAVADY. (DIRVER-CUM OWNER OF JEEP NO.KLW 3220, D.L.NO.NOT KNOWN). 2. NEW INDIA ASSURANCE CO.LTD., M.G.T.BUILDING, KALPETTA, (POLIC NO.100300/31/01/3474/94) 3. UNITED INDIA INSURANCE CO.LTD., KALPETTA, (POLICY NO.100300/31/01/3474/94). BY ADV. SRI.VPK.PANICKER - R2, ADV. SRI.P.V.JYOTHI PRASAD - R3. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.F.A. No. 417 OF 2003 --------------------- Dated this the 2nd day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Wayanad, in OP(MV) No.480/95. The tribunal has awarded a total compensation of Rs.2,600/-. But it is seen that the Tribunal at the interim stage has passed a preliminary award for Rs.25,000/-. The court below found that the disability certificate issued by the Doctor has not been proved and even the appellant/petitioner did not mount the box to give evidence in support of his contention regarding how the injury is caused to the pelvis. An injury to the private organ should have been proved by cogent evidence. But there is absolutely not even a scrap of paper to to evidence the same. Since the Tribunal has awarded a compensation of Rs.25,000/- at the preliminary stage and as the final amount is much less than that and as the question of reimbursement does not arise, I do not want to interfere with the award passed by the Tribunal. Therefore the MFA is dismissed. M.N.KRISHNAN, JUDGE vps