IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 MACA.No. 487 of 2006() ---------------------- OPMV.1207/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT/3RD RESPONDENT ----------------------------------------- NATIONAL INSURANCE CO. LTD., M.G.ROAD, THIRUVANANTHAPURAM, REP. BY THE DY.MANAGER, KOCHI-REGIONAL OFFICE ANNEXE, AJAY VIHAR, M.G.ROAD, ERNAKULAM, KOCHI-16. BY ADV. SRI.E.M.JOSEPH RESPONDENTS/CLAIMANT & RESPONDENTS 1 &2: ----------------------------------------------------------------------- 1. GANESHAN, S/O.VASUDEVAN PILLAI, INDIRA BHAVAN, PALLICKAL, KOTTARAKARA, PIN-691506. 2. N.T.JACOB, PROPRIETOR, M/S.M.T.JACOB & CO., VANROSE JUNCTION, THIRUVANANTHAPURAM. * 3. SHIJU.V.S, S/O.VIJAYAN PILLAI, VALIYAVEEDU, PALLANIKODE, VARKALA. (3RD RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 1.8.2006 ON I.A. NO.1352 OF 2006) BY ADV. SRI.D.JAYACHANDRAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 487 OF 2006 --------------------- Dated this the 22nd day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Punalur, in OP(MV) 1207/00. The Tribunal awarded a compensation of Rs.30,750/-. Aggrieved by that decision, the Insurance Company has filed this appeal. 2. They had already taken permission under section 170 of the Motor Vehicles Act to contest the case. Though it is stated that there is a fracture on the femur, nothing is produced to indicate the same. Learned counsel for the appellant had given me the documents for perusal. It only shows a suspected fracture of the femur. The discharge certificate also does not show anything about the fracture of the femur. There is no disability certificate as well. It appears that he had sustained some deep injuries with some abrasions on the right scrotum as well as in the penis. The Tribunal has awarded Rs.18,000/- for nine months loss of earning power. It is not supported by any materials. There is nothing to show the fracture. As there is no disability certificate and as adequate compensation MACA No.487/06 2 has been awarded for pain and suffering, the Tribunal was not justified in granting Rs.18,000/- under that head. At the most, for the loss of amenities an amount of Rs.5,000/- could have been given. Therefore the award requires interference. I reduce the award amount by Rs.13,000/-. Therefore the appeal is partly allowed and the amount awarded is reduced to Rs.17,750/- with interest and cost as ordered by the Tribunal. Whatever amount is deposited be given credit and if there is any balance amount, that can be deposited. M.N.KRISHNAN, JUDGE vps MACA No.487/06 3