IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 MACA.No. 645 of 2004() ---------------------- OPMV.501/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- JAISHU S/O. CHITAMBARAN, MANIKKATH HOUSE, PUTHENVELIKKARA VILLAGE, PALIYAMTHURUTH KARA, PARAVUR TALUK, ERNAKULAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S): RESPONDENTS -------------------------- 1. RAJU MATHEW, PURAKUDIYIL HOUSE, OONNUKAL P.O., KOTHAMANGALAM. 2. KANNAN K. S/O. SHANMUGHAN, KURUVAMMAL, K.S.E.B. COLONY, CHITHIRAPURAM P.O., VIA. ADIMALY. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE P.B.50, ELANJIKAL MATHEW MEMORIAL PLAZA CHURCH JUNCTION, KOTHAMANGALAM ADV. SRI.SOORAJ ELANJICKAL FOR R1 SRI.S.MAMMU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.645 of 2004 .................................................................... Dated this the 4th day of February, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. We, have heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. On going through the award and after hearing the parties, we do not think any enhancement is called for because fracture of the hand and the leg suffered by the appellant did not leave any permanent disability in him. Adequate compensation is seen granted for the temporary disability, pain and suffering etc. Since vehicle was not driven by a licensed driver, the Insurance Company is authorised to recover the compensation amount from the registered owner who has not challenged this part of the award. We, therefore, do not find any 2 ground to interfere with the award. The appeal is consequently dismissed. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms