IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 MACA.No. 1051 of 2006() ---------------------------------------- (OPMV.2453/1997 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM) APPELLANTS/PETITIONERS IN OP(MV): --------------------------------------------------------- K.KARUNAKARA KURUP, S/O.KRISHNAN NAIR, 'AMBADY', NEAR T.V.STATION, KAKKANADU, COCHIN-30. BY ADV. SRI.VIVEK VARGHESE P.J. RESPONDENTS/RESPONDENTS IN OP(MV): -------------------------------------------------------------- 1. P.P.SASIKUMAR, MEENA BHAVAN, MANJUMMEL.P.O, UDYOGAMANDAL. 2. V.RENJITH KUMAR, VELIYATHU HOUSE, PUTHUKKALAVATTOM, ELAMAKKARA.P.O, KOCHI-26. 3. THE ORIENTAL INSURANCE CO. LTD., EDAPPALLY, COCHIN-24. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1051 OF 2006 --------------------- Dated this the 22nd day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Ernakulam, in OP(MV) 2453/97. The claimant, an employee of a Bank, sustained injuries in a road accident . He had fracture of both bones of the left leg. He was initially treated as inpatient for 26 days in the hospital and was later admitted for a day or two for removal of the nail. He had taken 172 days leave. The Doctor accessed his partial disability at 10%. The Tribunal has been very generous in granting compensation. It awarded Rs.26,500/- for loss of earning on account of leave, Rs.25,000/- towards pain and suffering, Rs 15,000/- towards loss of amenities and Rs.5,000/- has been granted for the disability reported by the doctor. The tribunal did not grant any amount towards medical expenses for the reason that nothing was produced. It can be easily presumed that being an employee of the bank he would have MACA No.1051/06 2 taken reimbursement from the bank and that may be the reason why he did not produce any bills before the Tribunal. When the amount spent is received, he is not entitled to get duplication of the same. The award passed by the Tribunal is just and reasonable which does not call for any interference. The appeal lacks merit and is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MACA No.1051/06 3