IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 MACA.No. 2143 of 2007() ----------------------- OPMV.31/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: ------------------------------------- ALEX - MINOR, REPRESENTED BY HIS FATHER - JOSEPH, KALAPARAMBATH HOUSE, POOVATHUSSERY DESOM, KALLUR THEKKUMURI VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENT: 3RD RESPONDENT: ------------------------------------------------------ THE NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, AMBIKA ARCADE, M.G.ROAD, P.B.NO.89, THRISSUR. BY ADV. SRI.E.M.JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & K. Hema, JJ. -------------------------------------- M.A.C.A. No. 2143 of 2007 --------------------------------------- Dated this the 11th day of February, 2008 Judgment Koshy,J. A minor aged five years sustained injuries by which he suffered fracture to the lower portion of the right leg as there was crush fracture of both bones of right ankle coupled with loss of soft tissues. Doctor certified 26% permanent disability to that organ and, therefore, assessed 20.15% whole body disability. The tribunal found that if it is only 26% disability to the lower portion of the right leg, it cannot be 20.15% and tribunal assessed 13% whole body disability and total amount awarded including medical expenses was Rs.1,18,068/- with interest from the date of application (application filed in 2002) till the date of deposit. The award was passed in 2007. Considering the total amount granted, interest awarded etc. we are of the view that just and reasonable compensation is awarded and no interference is required in the compensation awarded. Hence, the appeal is dismissed. J.B.Koshy Judge K. Hema Judge vaa M.A.C.A.No. 2143/2007 2 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.A.C..A. No. 2143 of 2007 ------------------------------------- Judgment Dated:11th February, 2008