IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 MACA.No. 1809 of 2009() ---------------------------------- ( OPMV.2605/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR) .................... APPELLANT(S): ---------------------- JOSE M.D., S/O DEVASSY, MENACHERRY HOUSE, KANAKAMALA P.O., KODAKARA, THRISSUR DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): ------------------------- 1. A.T.VARGHESE, ATTOKKARAN HOUSE, KANAKAMALA WEST P.O., KODAKARA, THRISSUR DISTRICT(OWNER) 2. V.O.POULOSE, S/O OUSEPH, VADASSERY HOUSE, KODASSERY, CHETTIKULAM, THRISSUR DISTRICT.(DRIVER) 3. NATIONAL INSURANCE CO. LTD., THRISSUR BRANCH OFFICE, AMBIKA ARCADE, M.G.ROAD, P.B.NO.89, THRISSUR. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1809 OF 2009 = = = = = = = = = = = = = = = Dated this the 24th day of November, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV) 2605/02. The claimant, a 49 year old man, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.40,300/-. Dissatisfied with the same the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant. A perusal of the award would show that the claimant had sustained a fracture on the proximal and middle phalanx of right index finger and some cut lacerated wound on other fingers. He was inpatient in the hospital for six days and he has expended about Rs.8,000/- towards M.A.C.A. 1809 OF 2009 -:2:- medical expenses. A disability certificate was produced showing 10% and the Doctor was examined. According to the disability certificate 4% is for the malunion and 6% for the stiffness. The Tribunal found that malunion is not supported by any radiological examination and PW1 also did not mount the box to give any evidence and therefore the trial Court did not accept the disability certificate but at the same time the Tribunal awarded a sum of Rs.10,000/- towards discomfiture and another Rs.6,000/- towards loss of amenities in life. Even if there is a slight disability it has been properly taken note of by the Tribunal and compensation has been awarded under the other heads. The duty of the Motor Accident Claims Tribunals is to give the accidental victim a reasonable and legitimate compensation considering the facts and circumstances of the case. I find a M.A.C.A. 1809 OF 2009 -:3:- reasonable and just compensation has been granted and therefore the appeal lacks merits and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-