IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 MACA.No. 2369 of 2007 ------------------------------- OP(MV) 814/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ......................................... APPELLANT/PETITIONER IN THE O.P(MV) ----------------------------------------------------------- FAISAL, S/O.MAMMEDKYA, AGED 28 YEARS, RESIDING AT NASIM, THEKKEPADAM, NALLALAM, KOZHIKODE DISTRICT. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS: RESPONDENTS IN THE O.P(MV) ---------------------------------------------------------------------- 1. P.P.SHAHEED, S/O.ABDUL RAHIM HAJI, AGE NOT KNOWN, RESIDING AT THODIYIL THEKKE PURAYIL HOUSE, P.O.KILIYANTHARA, VALLITHODU, KANNUR. 2. THE ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, PEX CHAMBERS, SIRTHYAGARAYA ROAD, T.NAGAR, CHENNAI-17. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.A.C.A.No.2369 OF 2007 ------------------------------------- Dated 9th January, 2008 JUDGMENT Koshy,J . Appellant/claimant at the age of 19 met with an accident by which he sustained fracture of tibia. Even though 10% disability was certified in the disability certificate, Tribunal found that the above certificate cannot be acted upon for proving the occupational disability. There is no case that there was malunion. It was well united. Only one bone below the knee was fractured at the age of 19. Claim of the appellant was that he was getting Rs.5,000/= per month as salesman. That is also not accepted and total compensation awarded was Rs.20,400/= with interest and cost. Considering the nature of injuries, total compensation granted and age of the claimant, we are of the opinion that no interference is required in the award. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks