IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 M.F.A.No. 820 of 2002(B) ---------------------- O.P.(M.V).482/1996 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/ PETITIONER: --------------------- FOUSIYA, D/O.HASSAN, KOLAPPURAM HOUSE, P.O.ANTHIYURKUNNU. BY ADV. SRI.K.M.SATHIANATHA MENON RESPONDENTS/ RESPONDENTS: ------------------------ 1. V.K.PREMARAJAN, S/O.KUNHAPPU, VELLUVAKANDAU HOUSE, SIVAPURAM. (DRIVER) 2. K.V.MOHAMMED ASHRAF, S/O.ALAVIKUTTY HAJI, ANDIYOORKUNNU, KOTTAPPURAM. (OWNER) 3. NATIONAL INSURANCE CO.LTD, CALICUT., REPRESENTED BY THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, CALICUT. BY ADV. SRI.P.JAYASANKAR - R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.F.A. No. 820 OF 2002 --------------------- Dated this the 9th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 482/96. An 18 year old girl claiming to be a tailor sustained a fracture of the neck of femur right with injuries on the face and lip. She was treated in the Medical College Hospital and was reviewed subsequently also on three occasions. The Tribunal also accepted the disability certificate issued by the Medical Board at 4% and proceeded to decide the compensation. It has to be remembered that the accident is of the year 1995. 2. Learned counsel contend that there was prolonged hospitalisation and that has not been taken note of by the Tribunal. Similarly, it is also argued that the compensation awarded for pain and suffering is also negligent as well as the disability compensation is meager. Even for an 18 year old girl the Tribunal has awarded Rs.5,000/- towards loss of earning. Medical bills are totally granted and Rs.13,000/- was granted for pain and suffering. When the MFA 820/02 2 notional income of Rs.15,000/- is taken and the disability is worked out, it will come to only Rs.9,600/-. The Tribunal has compensated the claimant by Rs.12,750/- i.e. by taking note of the fact that something has to be granted other than for loss of earning power. Therefore a just and reasonable compensation has been awarded. The appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MFA 820/02 3