IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 MFA.No. 576 of 2002(B) ---------------------- OPMV.897/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT: CLAIMANT ----------------------------------- K.G.ANIL KUMAR, S/O.K.R.GOPINADHA PANICKER, NANCHILATHU HOUSE, LAKKALLOOR P.O., KOTTAYAM. BY ADV. SRI.B.JAYASURYA RESPONDENTS: RESPONDENTS ------------------------------------------- 1. SASIKUMAR B., THUNDUVILA PUTHEN VEEDU, THUYOOR, KEEZHAVOOR P.O., NEYYATTINKARA. 2. B.KRISHNA PILLAI, CHITTAYATHU VEEDU, ANCODE, PERUMKADAVILA P.O., NEYYATTINKARA. 3. M/S.UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, C.W.C. BUILDING, L.M.S. COMPOUND, PALAYAM, THIRUVANATHAPURAM. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.576 of 2002 ----------------------------------------- Dated this the 29th day of February, 2008 JUDGMENT Koshy, J. Applicant suffered injuries in a motor accident while he was travelling as pillion rider and as a result of the accident, he has sustained fracture of fibula and tibia. He was only 28 year at the time of accident. Even though 31% disability was certified, the Tribunal assessed 25% disability. On going through the disability certificate, it can be seen that it is a exaggerated certificate. The doctor was also not examined. The total amount awarded for fracture of tibia was Rs.2,50,700 with 9% interest from the date of application till the date of deposit. We are of the view that more than just and reasonable compensation was awarded by the Tribunal and we find that no interference is required at the instances of the claimant. The appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. 2 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No. 576 of 2002 ------------------------------ JUDGMENT 29.2.2008