IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 MACA.No. 108 of 2008() ---------------------------------- OPMV.267/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/CLAIMANT: ------------------- MADHU, SON OF THANKAPPAN, CHUNDAMALPURAM HOUSE, PONJASSERY, PERUMBAVOOR, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.M.P.MOHAMMED ASLAM RESPONDENTS: RESPONDENTS: ------------------------- 1. P.J. GEORGE, PADIKATTUKUNNEL HOUSE, KODENCHERY, KOZHIKODE. 2. M/S. NATIONAL INSURANCE COMPANY LIMITED, KOLLANOOR DEVASSY SMARAK BUILDING, ROUND EAST, THRISSUR. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- M.A.C.A.NO.108 OF 2008-C ---------------------------------------------------- Dated this the 10th day of July, 2008. JUDGMENT Koshy, J: This appeal is filed contending that the compensation awarded by the Tribunal is inadequate. The doctor certified 25% disability, but the Tribunal assessed disability at 15%. It was contended that the Tribunal went wrong in reducing the percentage of disability assessed by the medical practitioner. Considering the injuries sustained by the claimant, we referred the matter to the medical board for proper assessment. The medical board of the Government Medical College Hospital, Kottayam, considered the matter and found that neurological defect at 7% and orthological defect at 3%. Therefore the total disability is only at 10% where the Tribunal has granted compensation for 15%. But the appellant has got a case that the entire medical bills were reimbursed. The total amount awarded is Rs.1,99,220/= with interest. In any event, considering the compensation granted for the permanent disability on the higher percentage, we are of the view that no enhancement is needed in the compensation awarded by the Tribunal at the instance of the claimant. The appeal is dismissed. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl . 2