IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 MACA.No. 568 of 2007() -------------------------------- OPMV.564/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER ---------------------- BABU, S/O.SANU, KUNNUMPURATH HOUSE, AYAMKUDY KARA, MUTTUCHIRA VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.T.K.KOSHY SRI.T.A.RAJAN RESPONDENTS: RESPONDENTS 2 & 3 ------------------------------ 1. JAMES JOSEPH, S/O.JOSEPH, CHALIPARAMBIL HOUSE, VALACHIRA, KADUTHURUTHY, KOTTAYAM DISTRICT. 2. THE NEW INDIA ASSURANCE CO.LTD., KOTTAYAM. BY ADV. SRI.BABY KURIEN FOR R1 SRI.MATHEWS JACOB (SR.) FOR R2 SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & Thomas P. Joseph, JJ. -------------------------------------- M.A.C.A. No. 568 of 2007 --------------------------------------- Dated this the 25th day of August, 2008 Judgment Koshy,J. Appellant/Claimant sustained injuries in a motor accident. He claimed a compensation of Rupees Three lakhs. The Tribunal awarded Rs.85,300/- only with interest. The only dispute is regarding the quantum of compensation. 2. No permanent disability certificate was produced before the Tribunal. Since it was argued that his condition was pathetic, he was referred for examination by the Medical Board of the Medical College Hospital, Kottayam. The Medical Board certified that there is no neurological disability and there is only a mild restriction in dorsi flexion of right eye and disability is 4.8%. He was an employee in a toddy shop. His employment was not affected. There is no case that his services were terminated due to the accident. The Tribunal has granted Rs.10,000/- for disability and Rs.10,000/- for loss of amenities. Medical bills were reimbursed. Considering the total amount of Rs.85,300/- and considering the injuries, no enhancement is required. Therefore, we are of the M.A.C.A.No. 568/2007 2 opinion that no interference is required in the matter and the appeal is dismissed. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.A.C.A.No. 568/2007 3 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.A.C.A. No.568/2007 ------------------------------------- Judgment Dated:25th August, 2008