IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 MACA.No. 1567 of 2010 ------------------------------------ OPMV.1620/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANTS / PETITIONER: -------------------------------------------- P.V.SATHEESH KUMAR, S/O.GOVINDAN, AGED 45 YEARS, GOPIKA, CHIRAKKARA P.O., THALASSERY-4. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: ------------------------- 1. M.NARAYANAN, S/O.KARUNAKARAN, MANAMULLATHIL HOUSE, P.O.PERUNTHATTIL, THALASSERY, PIN-680 002. 2. P.PURUSHOTHAMAN, ERUMAKKOOTTATHIL HOUSE, P.O.ERANHOLY, THALASSERY, PIN-680 002. 3. M/S.UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, BROTHERS COMPLEX, THALASSERY ROAD, KANNUR, PIN-680 002. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1567 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of August 2010 JUDGMENT Basheer, J. Appellant who sustained a comminuted fracture of both bones in his left leg, in a road traffic accident, claimed compensation from the owner, driver and insurer of the offending vehicle. The Tribunal, after considering the oral and documentary evidence available on record, awarded a sum of Rs.40,000/- to the appellant with 9% interest. 2. Appellant impugns the award contending interalia that the amount of compensation awarded to him is too meagre and inadequate. The primary contention raised by the appellant is that the Tribunal erred in refusing to award any compensation under the head of disability even though Ext.A7 certificate was produced indicating that he had suffered 10% disability. 3. As rightly noticed by the Tribunal, the appellant had not adduced any evidence to show that the injury had affected his earning capacity in any manner. More importantly, the doctor who issued the certificate was not examined. It is true that the appellant had suffered a comminuted fracture both bones of left leg apart from lacerated wound near the left ankle. The specific case of the appellant was that he had suffered dislocation of his ankle. But no evidence was adduced to substantiate the M.A.C.A.No.1567 OF 2010 :: 2 :: above contention. 4. We have carefully perused the award. We have also gone through Ext.A7 disability certificate, a copy of which has been made available for our perusal by the learned counsel. Even though the Tribunal had not awarded any amount under the head of disability, a sum of Rs.10,000/- was awarded to the appellant for loss of amenities in addition to a sum of Rs.10,000/- for pain and sufferings. Similarly, the entire medical expenses paid by the appellant were also reimbursed to him. Rs.6,000/- was awarded towards loss of earnings for the period the appellant underwent treatment. Over all in our view, the Tribunal has awarded just and reasonable compensation to the appellant. In the above facts and circumstances, we do not find any reason to entertain this appeal. Therefore the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes