IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 MACA.No. 110 of 2010() ------------------------------------ OPMV.1109/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER; -------------------------------------------- YOOSAF NAZAR, S/O.ABDUL NAZAR, EDAVANAKKAD HOUSE, T.K.S.PURAM, KODUNGALLOOR, THRISSUR DISTRICT. BY ADV. SRI.SOJAN JAMES RESPONDENT(S): -------------------------- 1. ABDUL JABBAR.V.A., S/O.ABDU HAJI, VALIYAKATH HOUSE, CHETTUVA, KUNDALIYOOR P.O., TRICHUR DISTRICT. 2. THE MANAGER, NATIONAL INSURANCE CO.LTD., BRANCH-B.M.C.HOUSE, CONNAUGHT PLACE, NEW DELHI. R2 BY ADV. SRI.P.JAYASANKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING FINALLY HEARD ON 16/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K. BASHEER & P.Q. BARKATH ALI,JJ. ........................................... M.A.C.A.NO.110 OF 2010 ............................................. Dated this the 16th day of February, 2011. J U D G M E N T Basheer, J: On January 18, 2011 when the appeal was taken up for consideration, neither the appellant nor his counsel was present. 2. Thereafter the appeal was taken up on January 21, 2011. On that day, learned counsel for the appellant prayed for a short adjournment in order to enable him to get instructions in the matter. Accordingly the case was adjourned. 3. In this context, it may be noticed that the appellant was directed to appear before a Medical Board on April 13, 2010. But the Superintendent of the Medical College Hospital, Trichur informed this Court that the appellant did not turn up. The registered letter issued to him from the hospital was returned by the postal authority with the endorsement 'out of India'. : 2 : M.A.C.A.NO.110 OF 2010 4. It is seen from the award that the appellant had not adduced any oral evidence in support of his contention that the injury sustained by him in the accident had resulted in serious disability. It is revealed from the award that the appellant suffered fracture of middle third of both bones of the right leg. 5. Today when the appeal is taken up, there is no representation for the appellant. Nevertheless we have gone through the entire materials available on record and perused the impugned award. 6. The Tribunal has awarded a total sum of Rs.81,600/= as compensation keeping in view the nature of injuries sustained by the appellant. For pain and sufferings he has been awarded Rs.13,000/= in addition to Rs.6,000/= under the head of loss of amenities. The entire medical bills amounting to Rs.51,900/= has also been granted to the appellant. In short the Tribunal has, in our view, awarded just and reasonable compensation to the appellants. 7. Having regard to the entire facts and circumstances of the case, we are not satisfied that this is a fit case in which : 3 : M.A.C.A.NO.110 OF 2010 interference is warranted. Therefore the appeal is dismissed. A.K. BASHEER, JUDGE. P.Q. BARKATH ALI,JUDGE. cl : 4 : M.A.C.A.NO.110 OF 2010