IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 MACA.No. 51 of 2008 ----------------------------- O.P(MV).NO.2106/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR. .................... APPELLANT/PETITIONER: ------------------------------------- JOLLY MADASSERY, S/O M.M.POULOSE, RESIDING AT MADASSERY HOUSE, LOURDHUPURAM, CHEMBUKKAVU VILLAGE, THRISSUR TALUK. BY ADV. SRI.V.CHITAMBARESH (SR.). RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. A.V.PAUL, S/O VARGHESE, RESIDING AT ALAPPATT HOUSE, PALACE ROAD, KUNNAMKULAM. 2. THE ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, KUNNAMKULAM, THRISSUR. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/01/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.A.C.A.No.51 OF 2008 ------------------------------------- Dated 10th January, 2008 JUDGMENT Koshy,J . Appellant claimant met with an accident by which he suffered fracture of femur and fracture to pubic ramus and right tibia. Medical Board certified 28% permanent disability. Tribunal calculated compensation only for 25% disability. Entire medical expenses were reimbursed. Rs.30,000/- was awarded for pain and sufferings and total amount awarded was Rs.2,43,000/-. It is contended that medical board certificate was not accepted illegally and entire wages was not taken into account. We note that he continue his employment, and therefore, it cannot be stated that he has loss of earning power. However, the difficulty is that he has to continue his life. Compensation is granted under the Motor Vehicle Act for the damages caused. Since the petitioner continue the job, we are of the opinion that Rs.2,43,000/- granted by the tribunal is just and reasonable. Admittedly, the appellant was a passenger in a goods vehicle. There is no plea that he was a passenger in a goods vehicle even though Insurance company filed an additional statement that he was a gratuitous passenger in a goods MFA.51/2008 2 vehicle and in view of the decision in New India Insurance Co. Ltd. v. Asha Rani and others ((2003) 2 SCC 223), tribunal has right in exonerating the Insurance company from payment of liability. In these circumstances, we see no ground to interfere in the judgment, and hence, this appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE prp