IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 MACA.No. 48 of 2005 --------------------- OPMV.551/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/APPLICANT; ---------------------------- RENJITH, KAVITHALAYAM, MUDAVOORPPARA, BALARAMAPURAM P.O. BY ADV. SRI.L.MOHANAN RESPONDENTS: RESPONDENTS: ----------------------------------- 1. G.THULASEEDHARAN, PUTHUVAL PUTHEN VEEDU, CHERUVAKKAL, SREEKARIYAM P.O. THIRUVANANTHAPURAM. 2. S.SUNIL, SUMAVILASOM VEEDU, VIA.SREEKARIYAM, THIRUVANANTHAPURAM. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, DIVISIONAL OFFICE NO.II, GANDHARIAMMA COIL ROAD, STATE, THIRUVANANTHAPURAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K.P. BALACHANDRAN, JJ. ---------------------------------------------------------------- M.A.C.A. No 48 of 2005 ---------------------------------------------------------------- Dated this the 14th August 2008 JUDGMENT Koshy,J. Appellant-petitioner at the age of 15 sustained injuries while travelling as pillion rider. Compensation awarded was Rs 40,750/- with interest at the rate of 9% per annum. The only dispute is regarding the quantum of compensation. Though doctor certified permanent disability as 13% Tribunal has taken only 10 as the percentage of permanent disability. It is true that there was comminuted fracture of patella and patellectomy and quadriceps repaired. Considering the age of the claimant and the nature of injuries sustained we are of the opinion that just and reasonable compensation was awarded. The appeal is therefore dismissed. Sd/- J.B. KOSHY Judge Sd/- K.P. BALACHANDRAN Judge 14/08/2008 en [true copy]