IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 MACA.No. 1012 of 2004() ----------------------- OPMV.1091/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: -------------------------------------- MARY MATHEW, POOVANPUZHACKAL, MELAMPARA P.O. BHARANANGANAM NOW RESIDING AT POOVAPUZHACKAL HOUSE, AYARKUNNAM P.O., KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) RESPONDENTS: RESPONDENTS: ------------------------- 1. M.D.JOSEPH, MANNATHU HOUSE, MARIDOM, KADAPLAMATTOM. 2. NATIONAL INSURANCE CO. LTD., PALA. BY ADV. SMT.SARAH SALVY FOR R2 SRI.SUJESH MENON V.B. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 1012 OF 2004 -------------------------------------------- Dated this the 11th day of August, 2008 JUDGMENT Ramachandran Nair,J. This appeal is filed for enhancement of compensation for the injury sustained by the appellant in a motor accident. It is admitted that appellant was a nurse employed in USA and she continues to serve there. Even though appellant suffered injury in the accident, the accident happened during holidays. There is no proof about loss of earning or loss of earning power. Consequently, compensation is awarded for pain and sufferings and treatment expenses. We do not find any ground to increase the compensation as appellant will have social security and insurance in the USA. Appeal is accordingly dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 2