IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 MACA.No. 952 of 2011() ----------------------------------- OP(MV).NO.1229/2005 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): PETITIONER ------------------------------------------- CHACKO KOSHY, S/O.CHACKO, VANIYA PRAKKAL, CHITTAR, ANAPPARA.P.O., VITHURA. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): RESPONDENT ------------------------------------------------ THE ORIENTAL INSURANCE CO.LTD., KANNEL COMPLEX, KAYAMKULAM.PIN-690 520 BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts R.BASANT & N.K.BALAKRISHNAN, JJ. ----------------------------------------- C.M.App.No.1482 OF 2011 & M.A.C.A No.952 OF 2011 ---------------------------------------- Dated this the 26th day of July, 2011 ORDER/JUDGMENT BASANT,J. There is a delay of 328 days in filing the appeal. It is prayed that said delay may be condoned. We find absolutely no justifiable reason to condone the long delay of 328 days. However, in our anxiety to ensure that the rejection of the prayer for condonation of delay does not result in miscarriage of justice, we requested the learned counsel for the appellant to explain the nature of the challenge that he wants to mount against the impugned award. A total amount of Rs.45,110/- was awarded by the Tribunal against the claim of Rs.1,50,000/-.The details of the amount awarded are shown below: 1. Pain and suffering : Rs. 15,000/- 2. Loss of earnings : Rs. 2,500/-(1,250x2) 3. Transport to hospital : Rs.1,500/- 4. Extra nourishment : Rs.1,000/- C.M.App.No.1482 OF 2011 & M.A.C.A No.952 OF 2011 2 5. Bystanders expense : Rs.2,000/- 6. Damage to cloth : Rs. 500/- 7. Medical expenses : Rs.7,610/- 8. Loss of earning power : Rs.15,000/- -------------- Total Rs.45,110/- ======== 2. Challenge is only against the quantum of compensation awarded. Called upon to be specific learned counsel for the appellant submits that no compensation has been awarded under the head of loss of earning power and loss of amenities. Has the appellant suffered any physical disability? It is accepted that there is nothing produced to show that the deceased had suffered any permanent disability as a result of the accident. We looked into the wound certificate and the discharge card. The only injury suffered is fracture of the left tibia, long leg cast was applied, it is evident from the medical records. He was an inpatient for a total period of five days. We are unable to agree that the Tribunal committed any error in not awarding any compensation under the head of loss of amenities. Composite amount of Rs.15,000/- has C.M.App.No.1482 OF 2011 & M.A.C.A No.952 OF 2011 3 been awarded under the head of loss of earning power and disability even though no specific disability is established. We are not satisfied that the amount awarded under any other head deserves or warrants enhancement. We are in these circumstances satisfied that the rejection of the prayer for condonation of delay does not result in any miscarriage of justice. 3. In the result, petition for condonation of delay consequently the appeal stands rejected as barred by limitation. R.BASANT, JUDGE N.K.BALAKRISHNAN, JUDGE mns