IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 MACA.No. 386 of 2006() ---------------------- OPMV.2397/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): -------------- P.V.MATHEW, S/O.IYPE VARKEY, HOUSE NO.114, HOUSING BOARD FLAT, OPP. SHOPPING COMPLEX, PANAMPILLY NAGAR DESOM, ELAMKULAM VILLAGE, KOCHI. BY ADV. SRI.K.P.VIJAYAN SMT.P.F.ROSY RESPONDENT(S): --------------- 1. MANI, PERULLIL HOUSE, ELAMKULAM, KADAVANTHARA. 2. ABRAHAM J. POTTAKULAM, INDMERC PAPERS P LTD., KURUSUPALLY ROAD, KOCHI-15. 3. NEW INDIA ASSURANCE CO LTD., COCHIN-15. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. * * * * * * * * * * * * * * * * * * M.A.C.A.No.386 of 2006 ---------------------------------------- Dated this the 16th day of February 2009 J U D G M E N T BASANT,J The claimant before the Tribunal is the appellant before us. The appellant claimed an amount of Rs.6.6 lakhs as compensation. The Tribunal awarded Rs.45,500/- as compensation. The heads of claim admitted are given in detail in paragraph 9. Fracture of the tibia and fibula left was suffered by the appellant. The appellant was employed as Manager in the State Bank of Travancore. He was an in-patient for a period of forty days. No oral evidence was adduced. Exts.A1 to A8 were marked. The Tribunal, taking note of the injuries, awarded an amount of Rs.20,000/- as compensation for pain and suffering and Rs.9,000/- as compensation for loss of earnings. Though there was nothing to indicate that any physical disability has resulted on account of the injury suffered in the accident, the Tribunal awarded an amount of Rs.10,000/- as loss of amenities, evidently taking note of the minimal temporary disability which may have been suffered. It is accordingly that the impugned award was passed directing payment of an amount of Rs.45,500/-. The learned counsel for the appellant submits that the appellant is aggrieved by the impugned judgment. What is the grievance? M.A.C.A.No.386/06 2 2. Called upon to explain the precise nature of challenge which the appellant wants to mount against the impugned award, the learned counsel for the appellant submits that the appellant has suffered disability as a result of the accident and that he was hence compelled to take voluntary retirement from the Bank. 3. There is significant and total absence of any material adduced before the Tribunal to conclude that the appellant has suffered any permanent disability. The appeal was filed as early as in 2006 and even today when the matter comes up for hearing, there is absolutely nothing produced by way of additional evidence to even remotely suggest that any permanent disability has been suffered by the appellant. We are, in these circumstances, not satisfied that the impugned award warrants interference on any specific ground. We are not satisfied that the amounts awarded under any other head also warrants interference. The challenge in this appeal must hence fail. 4. This M.A.C.A is in these circumstances dismissed. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) jsr M.A.C.A.No.386/06 3 M.A.C.A.No.386/06 4 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009