IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 MACA.No. 504 of 2008() ---------------------- OPMV.1774/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... : APPELLANT/PETITIONER ------------------------------------- K.M.SAJIMON, KANIYAMPARAMBIL HOUSE, KOTHANALLOOR P.O., KOTTAYAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: RESPONDENTS ------------------------ 1. KRISHNAN, DEVIPRASAD, AZAD ROAD, KOCHI - 17, ERNAKULAM. 2. SIBIMON, KANNAMBALLI HOUSE, ARYADU P.O., ALAPPUZHA. 3. THE UNITED INDIA INSURANCE CO.LTD., ERNAKULAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 504 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March, 2008 JUDGMENT Appellant/claimant sustained fracture of patella and he had undergone three operations. An amount of Rs.10,00,000/- was claimed for compensation. The Tribunal found that the driver of the vehicle insured by the 3rd respondent was responsible for the accident and awarded an amount of Rs.2,96,000/- as compensation with interest @ 7% per annum from the date of petition i.e, 4-12-2003, till date of payment along with costs. Only the quantum of compensation is disputed. 2. The main dispute is that towards compensation for permanent disability. Only Rs.40,000/- was granted and the compensation was not calculated by a multiplier method, even though medical certificate was produced. The appellant is a Government employee and due to the accident his salary was not reduced. The Tribunal has granted entire leave wages. Rs.60,000/-was granted for loss of earning for a year and for pain and suffering Rs.40,000/- was granted. Towards loss of amenities Rs.10,000/- MACA 504/2008 -2- was awarded and for by-stander expenses Rs.10,000/- was granted. Apart from this, medical reimbursement was also granted. 3. Considering the total compensation granted and the fact that the income of the appellant was not reduced, we are of the opinion that the compensation awarded is just and reasonable and no interference is required in the appeal. Hence, the appeal is dismissed. J.B. Koshy, Judge K. Hema, Judge mn.