IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 MACA.No. 1255 of 2005(C) --------------------------------- OPMV.2797/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER IN OP.MV. --------------------------------------------- SARAMMA, W/O.KOCHUKUNJAN, PAYYOOR HOUSE, CHOWANNUR, P.O.AGATHIYUR, KUNNAMKULAM. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS 2 TO 4 ------------------------------------------- 1. PALANISWAMI, S/O.DEVAN CHETTIAR, CHETTI STREET, P.O.VANIMAKULAM. 2. THE NEW INDIA ASSURANCE CO.LTD., THANICKAL BUILDINGS, MAIN ROAD, OTTAPPALAM 679 101 3. A.MOHAMMED, AYYAPPAT HOUSE, P.O.VANIAMKULAM. BY ADV. SRI.MATHEWS JACOB (SR.) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1255 OF 2005 = = = = = = = = = = = = = = = Dated this the 4th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)2797/99. The claimant, a lady sustained a fracture on the tibia and fibula in a road accident. She was aged 50 years at the time of the accident. She was treated as an inpatient in the hospital for four days. According to the Doctor there is a reduction of length of leg of 1 cm. and she complaints of pain. The Doctor has given a disability of 15% and the Tribunal has taken it at 5%. The Tribunal has been very liberal in granting five months loss of earnings at Rs.10,000/-, Rs.10,000/- for pain and sufferings, Rs.9,000/- for loss of amenities and another Rs.13,200/- towards disability compensation. Considering the nature of injuries sustained and the treatment undergone the award passed by the Tribunal is really just and reasonable which does not call for any interference. Therefore the appeal is dismissed. M.N. KRISHNAN, JUDGE. ul/-