IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 MACA.No. 421 of 2008() --------------------------------- OP(MV).810/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: ----------------- OSSY NICHOL PERERRA, S/O. PHILIP ANTONY PERERRA, PALAKKAPARAMBIL HOUSE, NORTH CHALAKUDY. BY ADV. SRI.T.N.MANOJ RESPONDENTS: RESPONDENTS: ------------------------- 1. BHARAT BAI P.PATEL, KRISHNA SAW MILL, GANDEVI ROAD, BILIMORA, GUJRAT. 2. JAYESH BAI, S/O. CHOTU BAI KHOLI PATEL, KESLI POSAR FALIA, TA-GANDEVI, GUJRAT STATE. 3. THE MANAGER, NATIONAL INSURANCE CO.LTD. MAJUR MAHAJAN SANGH BUILDINGS, FEDAR ROAD, BILLIMORA, GUJRAT, PIN-396321. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.A.C.A.No.421 OF 2008 ------------------------------------- Dated 6th March, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained a minor fracture at the shoulder with lacerated wound. The fracture is dislocation of shoulder joint. Even though doctor certified 18% permanent disability, that was not accepted. But, Rs.15,000/= was awarded as compensation for pain and suffering even though no clear proof was adduced regarding the permanent loss of earning power and disability. Total compensation awarded by the Tribunal was Rs.65,700/= with 7% interest from the date of application. Considering the nature of injury sustained and total compensation awarded, we are of the view that no interference is required in the award at the instance of the appellant. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks