IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 MFA.No. 995 of 2002 OPMV.1392/1994 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM APPELLANT: PETITIONER: ---------------------- JOMY JOSEPH, PLATHOTTATHIL HOUSE, ULLANADU KARA, BHARANANGANAM VILLAGE, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.BABY THOMAS RESPONDENTS: RESPONDENTS: ------------------------- 1. KURIAN KURIAKOSE, ONATTU HOUSE, PARAMPUZHA P.O., KOTTAYAM. 2. K.K. MATHEWS, ONATTU HOUSE, PARAMPUZHA P.O., KOTTAYAM. 3. UNITED INDIA INSURANCE CO.LTD., KOTTAYAM. 4. O.S. RAJENDRAN, OOTTIYIL HOUSE, THIRUVATHUKKAL P.O., KOTTAYAM. 5. K.R. MURALEEDHARAN, KUNNUMPURATHU HOUSE, AYARKUNNAM P.O., KOTTAYAM. 6. NATINOAL INSURANCE CO. LTD., KOTTAYAM. R2 BY ADV. SRI.V.K.SUNIL R6 BY ADV. SRI.E.M.JOSEPH R3 BY ADV. SRI.M.S.PATTALI SRI.T.VINOD KUMAR R4 BY ADV. SRI.SEBASTIAN THOMAS THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.T.SANKARAN, JJ. ---------------------------------------------------- M.F.A. NO. 995 OF 2002 E ---------------------------------------------------- Dated this the 19th March, 2008 JUDGMENT J.B.KOSHY, J. Appellant, at the age of 22, met with an accident and sustained communited fracture of right humerus lower third and olecranon right. The doctor certified 20% disability as there was partial ankylosis of right elbow which restricted the forearm movement. The Tribunal correctly found that only 10% disability can be assessed. Even though the appellant/claimant was a non-earning person, Rs.2,000/- was taken as his monthly income and 18 was taken as the multiplier and compensation was awarded. The total compensation awarded by the Tribunal was Rs.70,561/- with interest at 9% per annum from the date of application (1.7.1994) till realisation (the award was passed in November, 2001) with proportionate costs. Considering the total amount awarded, we are of the opinion that just and reasonable compensation was awarded by the Tribunal. Therefore, no interference is called for in the award passed by the Tribunal. The Miscellaneous First Appeal is, therefore, dismissed. (J.B.KOSHY) Judge (K.T.SANKARAN) Judge ahz/ J.B.KOSHY & K.T.SANKARAN, JJ. -------------------------------------------- ------------------------------------------- M.F.A.NO. 995 OF 2002 E JUDGMENT 19th March, 2008 -------------------------------------------