IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 MACA.No. 1650 of 2010 ------------------------------------- OPMV.606/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT / PETITIONER IN OP(MV): ------------------------------------------------------------ PAUL, S/O. CHAKKUNNI, THATTIL MANDY HOUSE, THEKKE ANGADY DESOM, MANAVALASSERY VILLAGE, IRINJALAKUDA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS / RESPONDENTS 1 TO 3 IN OP(MV): ---------------------------------------------------------------------------------- 1. KAILESAN S/O.KOCHUNNU, PALLATH HOUSE, MATHILAKAM P.O., KODUNGALLUR, THRISSUR DISTRICT, PIN - 680 685. 2. ANTONY, S/O. JACOB, CHITTEZHIPADATH HOUSE, PANANGAD P.O., S.N.PURAM, KODUNGALLUR TALUK, ERNAKULAM DISTRICT, PIN - 680 665. 3. NEW INDIA ASSURANCE CO.LTD., SSN SHOPPING COMPLEX, TEMPLE ROAD, NATTIKA P.O., THRIPRAYAR, THRISSUR DISTRICT, PIN - 680 566. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1650 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of September 2010 JUDGMENT Basheer, J. Appellant suffered fracture of lower third of right femur apart from some multiple lacerated wounds on the right thigh in a road traffic accident. X-ray revealed that it was a Type II open comminuted fracture. Appellant claimed a total sum of Rs.2,95,000/- towards compensation from the owner, driver and insurer of the offending vehicle. The Tribunal, after considering the documentary evidence adduced by the appellant, awarded him a sum of Rs.2,10,550/- with 7% interest from June 11, 2007 till the date of realisation. The above award is impugned in this appeal. 2. It is contended by learned counsel for the appellant that the amount awarded towards compensation is meager and inadequate. Having perused the impugned award and the materials available on record, we are unable to agree. 3. As mentioned earlier, appellant suffered a Type II open comminuted fracture of right femur. He was initially treated as an inpatient for nine days. It appears that thereafter he had undergone inpatient treatment for ten days, on a complaint of stiffness of the knee. The tribunal awarded a sum of Rs.74,950/- towards medical expenses as against a claim of Rs.70,000/-. Similarly, the Tribunal awarded the entire claim of Rs.40,200/- towards loss of earning. Appellant had claimed a sum of Rs.25,000/- towards pain and suffering. The Tribunal awarded Rs.20,000/- under this head. For loss of amenities, the Tribunal M.A.C.A.No.1650 OF 2010 :: 2 :: awarded Rs.10,000/- as against a claim of Rs.50,000/-. The appellant had claimed a sum of Rs.1,00,000/- under the head of disability. The appellant had produced Ext.A8, disability certificate, in which the doctor had assessed his “limb disability” as 39%. But the Tribunal took the whole body disability as 20% and fixed the compensation under this head at Rs.60,000/-. Having considered the entire materials available on record, we do not find any reason to interfere with the award passed by the Tribunal. In our view, the compensation awarded by the Tribunal is just and reasonable. In that view of the matter, we are not inclined to entertain this appeal. The appeal fails and it is accordingly dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes