IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 MACA.No. 295 of 2008 ------------------------------- O.P.(MV).NO.139/2003 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR. .................... APPELLANT/ PETITIONER: -------------------------------------- P.Y. GEORGE, S/O.YACOB, RESIDING AT PAMBAKOLIL HOUSE, P.O.VANIYAMPARA THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH (SR.), SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS, SRI.P.S.APPU. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. P.K. THOMAS, RESIDING AT PALLATH HOUSE VYTTILA, COCHIN-19. 2. K.H.ABDUL HAMEED, S/O.HYDROSE, RESIDING AT PAZHANGATTUPARAMBIL HOUSE, P.O.KOTTUVALLY ERNAKULAM DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LIMITED DIVISIONAL OFFICE, JEWEL ARCADE, LAYAM ROAD COCHIN. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/02/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.A.C.A.NO.295 OF 2008 (F) ----------------------------------- Dated this the 21st day of February, 2008 J U D G M E N T KOSHY,J. Appellant petitioner suffered serious injuries in a motor accident on 21.8.2002. Tribunal found that accident occurred due to the negligence of the driver of the vehicle insured by the 3rd respondent Insurance company. As a result of the accident, he had sustained fracture of right supra condylar femur, communited fracture of tibia right with extensive soft tissue injury to the leg and compound fracture with dislocation of right wrist. He was a head load worker by profession. According to him, he was getting monthly salary of more than Rs.8,000/-. But he was not an income tax payee. Tribunal fixed Rs.5,000/- as the monthly income. Considering the injuries, though medical certificate was produced assessing 40% disability, tribunal accepted only 30% disability and amount awarded was Rs.5,67,100/- with interests and costs. MACA.295/08 2 We are of the view that considering the total amount and injuries sustained, no interference is required at the instance of the claimant. Hence, this appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 21st February, 2008