IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 MFA.No. 600 of 2001() -------------------------------- OPMV.2305/1995 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT - PETITIONER: ----------------------------------- K. R. VINESH, AGED 27 YEARS, SON OF SHRI RAJAPPAN, KATTIPARAMBIL HOUSE, MANJUMMAL P.O., ERNAKULAM. BY ADV. SRI.ANIL S.RAJ RESPONDENTS - RESPONDENTS: -------------------------------------------- 1. V.J. JOSEPH, S/O. ULAHANNAN, VELLANJIYILL HOUSE, OLAMATTOM, THODUPUZHA. 2. GEORGE @ ROY, S/O. ANTONY, NJARAKANDATHIL HOUSE, MUTHALAKODAM, THODUPUZHA. 3. THE UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, COCHIN - 16. 4. SMT. SUDHA SASIDHARAN, W/. SASIDHARAN, KARIKODU VASATHY, ELOOR, UDYOGAMANDAL. 5. THE NEW INDIA ASSURANCE CO. LTD., ALWAYE. BY ADV. SRI.MATHEWS J.NEDUMPARA FOR R3 SRI.KKM.SHERIF FOR R5 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vsv J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.F.A. No. 600 of 2001 --------------------------------------- Dated this the 18th day of June, 2008 Judgment Koshy,J. Appellant/Claimant sustained injuries in an accident on 26.3.1995. As a result of the accident, he sustained serious injuries. Ext.A3 copy of the wound certificate and Ext.A4 treatment certificate issued from the Medical Mission Hospital, Kolencherry show that he had the following injuries: "1. Comminuted fracture of body of mandible - left side. 2. Upper central incisor, left lateral incisor, lower incisors right and left canine and right first premilar were missing. 3. Abrasion and tenderness on the left side of gum. 4. Loss of sensation of both limbs from pelvis. 5. Abrasion on the neck." According to the claimant, he was unable to do any work because of his difficulty due to loss of sensation of limbs from pelvis. However, no disability certificate was produced. There is no certificate M.F.A.No. 600/2001 2 showing his condition after the treatment. The tribunal who saw the claimant who is examined as PW1 did not find that he was totally disabled. He only lost three teeth due to fracture of mandible and there is no other permanent disability. According to him, he was a car driver. No evidence was adduced to show the same. Considering the fact that the accident occurred in 1995, the tribunal has fixed Rs.1,500/- as the monthly income. In the absence of any certificate assessing disability, compensation was not fixed on a multiplier basis. But, total compensation awarded was Rs.73,500/- with 12% interest from the date of application till its deposit. Application was filed in 1995. Award was passed only in 2000. Considering the total compensation with 12% interest, we are of the opinion that just and reasonable compensation is awarded. We see no ground to interfere with the same. Hence,the appeal is dismissed. J.B.Koshy Judge P.N.Ravindran Judge vaa M.F.A.No. 600/2001 3 M.F.A.No. 600/2001 4 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.F.A. No. 600 of 2001 ------------------------------------- Judgment Dated:18th June, 2008