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 4TH AUGUST 2008 / 13TH SRAVANA 1930 MACA.No. 1246 of 2008 --------------------------- OPMV.481/1997 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT/PETITIONER --------------------------- SALMA.K.P, W/O.K.P.MUHAMMED, AGED 57 YRS KIZHAKKE PALAYATTATHIL, KOKKALLUR, BALUSSERY P.O, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENTS: RESPONDENTS ----------------------------------- 1. P.M.SREEKUMAR, S/O.GOVINDAN KUDINAYAL, PRANAVAM HOUSE, KOKKALLUR, BALUSERY P.O, KOZHIKODE. 2. SATHYAN, S/O.NARAYANAN NAMBIAR, AGED 37 YEARS, KALARIKKAL VEEDU, KOKKALLUR, BALUSSERY P.O, KOZHIKODE (DRIVER OF THE BUS KL 11D 3546). 3. NATIONAL INSURANCE CO.LIMITED, G.H.ROAD, CALICUT-673001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K.P. BALACHANDRAN, JJ. ------------------------------------------------------------------ M.A.C.A. No 1246 of 2008 ------------------------------------------------------------------ Dated this the 4th August 2008 JUDGMENT Appellant-claimant met with an accident on 14.09.1996 while he was travelling in a bus bearing registration No KL-11/D 3546 which dashed against a coconut tree due to the negligence of the driver and he was taken to the hospital. The wound certificate would show that the appellant had leniar abrasion upper lip 3 cms., abrasion left knee 2 cms. And contusion on the right side of nose. The accident occurred on 14.09.1996. There was no inpatient treatment. Ext. A4 O.P ticket would show that the patient had tenderness over the left knee and contusion over the lip. No other injury was noted in the wound certificate. On 14.09.1996 one E.N.T. Surgeon examined the appellant and noted laceration on the lateral nasal wall of right nasal cavity and contusion on the right cheek, but no fracture was seen. It is contended that even for ten years there was no complaint of any visual problem and no medical certificate was produced, But on 30.06.2005 medical board certified that there is 20% visual disability though there is no evidence to show that the incident has got any relation with the visual disability. Medical certificate is dated MACA 1246/08 2 30.06.2005 and therefore we are of the opinion that the Tribunal was rightly rejecting the medical certificate for calculating the compensation for disability. In the absence of any evidence to show that the disability is due to injuries sustained in the accident, we see no reason to interfere with the award passed by the Tribunal. In the above circumstances, we dismiss the appeal. Sd/- J.B.KOSHY Judge Sd/- K.P. BALACHANDRAN Judge 04/08/2008 en [true copy]