IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 MACA.No. 628 of 2008() ---------------------- OPMV.211/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/PETITIONER ------------------------------------- KRISHNAN, S/O.PONNU, QUARTERS NO.E-16-B, PAINAVU COLONY, PAINAVU COLONY POST, IDUKKI VILLAGE. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENTS: RESPONDENTS: ------------- 1. BENOY, S/O.JOSEPH, VADAKKEPARAMBIL HOUSE, KODUMBIDI BHAGAM, KADANADU KARA AND VILLAGE, KOTTAYAM. 2. THE NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, KOTTAYAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 628 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of March, 2008 JUDGMENT Appellant/claimant at the age of 53 sustained injuries in a motor accident. There was a compound fracture of both bones of the left leg. Medical Board functioning Taluk Head Quarters certified 23% disability. The Tribunal noticed that the above assessment was excessive as there was only fracture of the lower part of the left leg. It is not disputed that the appellant's employment was not affected and his salary was not reduced because of the accident. The Tribunal has granted Rs.23,313/- for loss of earning during the leave period. For transportation expenses, Rs.10,000/- was granted. Rs.55,524/- was granted towards treatment expenses. For pain and suffering Rs.25,000/- was awarded. He was aged 53 at the time of the accident. Total amount awarded was Rs.1,52,600/-. Considering the fact that he did not lose the job, permanent disability of the injured was taken as 13 %. He will get full pension after his retirement. 2. Considering the facts and circumstances and the total amount granted, we are of the view that just and reasonable compensation was MACA 628/08 -2- granted. Hence, no interference is necessary in the appeal. Therefore, the appeal is dismissed. J.B. Koshy, Judge K. Hema, Judge mn.