IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 MACA.No. 2045 of 2008() ----------------------------------- OPMV.1478/2002 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT: PETITIONER -------------------- ABDUL KABEER.K.V., S/O.MUHAMMED .K.V., AGED 29 YEARS, NAFEESA MANZIL THANNADA.P.O., CHALA EAST, KANNUR. BY ADV. SRI.P.M.PAREETH SRI.MOHAMMED SHAMEEL RESPONDENTS: RESPONDENTS ---------------------- 1. K.P.PRAKASHAN, S/O.DAMODARAN, AGED 25, KAVULLA PURAYIL, NEAR BHAGAVATHI TEMPLE PO.KANHIRODE, KANNUR. 2. P.K.PAVITHRAN, PROPRITOR NIJIL TRAVELS PUTHIYAVALAPPIL HOUSE, PO.MOWANCHERRY KANNUR. 3. UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, PB.NO.52, FORT ROAD, KANNUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- M.A.C.A.NO.2045 OF 2008 () ----------------------------------- Dated this the 17th day of September, 2008 J U D G M E N T KOSHY,J. Appellant/claimant sustained serious injuries in a motor vehicle accident on 17.5.2002 and as a result of the accident, he had sustained fracture of left femur as well as fracture of both bones of the forearm apart from the fracture of left scapula. Against a claim of compensation of Rs.2,50,000/-, Tribunal awarded only Rs.1,22,000/- with 7% interest from the date of application till its realisation. Application was filed on 21.10.2002. Award itself was passed only on 27.3.2008. He was a business man by profession. After the accident also, his business continued. Considering the injuries suffered, after effects of the injuries and considering the business, we are of the view that this is not a fit case where further enhancement can be granted and just and reasonable compensation was MACA.2045/08 2 awarded by the Tribunal. He was 29 years old at the time of accident. Since he was a capable man and can do his affairs himself and the accident occurred six years back, we are of the view that the entire amount on deposit can be disbursed to the claimant as medial expenses itself amounts to Rs.75,000/-. With that modification, this appeal is disposed of. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 17th September, 2008