IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 MFA.No. 1128 of 2002(C) ----------------------- OPMV.996/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: PETITIONER --------------------- CG.VISWANATHAN, S/O.GOPALA MALLAN, CHERTHEDATH HOUSE, PALACE ROAD, CHALAKUDY P.O., TIRCHUR DISTRICT. BY ADV. SRI.JOSE THETTAYIL RESPONDENTS: RESPONDENTS ------------------------ 1. P.K.VASUDEVAN, S/O.KRISHNAN, PENAKKATTU HOUSE, KIZHAKKAMBALAM. 2. SASIDHARAN, S/O.POKKODATH VELAYUDHAN, PAZHANGANAD KARAYIL, KIZHAKKAMBALAM VILLAGE. 3. BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, ALUVA. BY ADV. SRI.P.SANKARANKUTTY NAIR THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.M.JOSEPH, JJ. ------------------------------------------- M.F.A.NO.1128 OF 2002 ------------------------------------------- Dated this the 15th day of January, 2008 JUDGMENT KOSHY, J. The appellant claimant who was an employee in FACT Ltd. met with an accident by which he suffered fracture of patella. It was stated that the inpatient treatment was for 25 days. After removal of external fixation P.T.B. cast was applied. He was again admitted in the hospital for treatment for about 9 months. Even though doctor certified 25% disability, his earning capacity was not affected because he continued in the job without any reduction in the wages. The Tribunal considered the entire matter including medical expenses, pain and suffering and discomfort to the disability etc. and total amount of Rs.99,400/- was awarded with 9% interest from the date of application till its deposit. The application was filed in 1995 and the award was passed only in 2002. Considering the total amount granted, after effect of accident during his employment and nature of the injuries sustained by him, we are of the opinion that the Tribunal MFA1128/02 2 has granted just and reasonable compensation and no interference is called for at the instance of the appellant. The appeal is dismissed. J.B.KOSHY, JUDGE K.M.JOSEPH, JUDGE csl