IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 650 of 2004()
1. K.R.RAJEESH S/O. RAMU,
... Petitioner
Vs
1. DEEPU C.I., CHENGANIMATTAM HOUSE,
... Respondent
2. C.K.YOHANNAN, CHENGANIMATTAM HOUSE,
3. THE MANAGER, THE NEW INDIA ASSURANCE
For Petitioner :SRI.P.V.BABY
For Respondent :SRI.KKM.SHERIF
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :07/07/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 650 OF 2004
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Dated this the 7th day of July, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)439/98.
A boy aged 15 years sustained fracture of the clavicle and
was treated as an inpatient for one day. He claimed to be a
vegetable business man which was rightly rejected by the
Tribunal. The claimant also produced a disability certificate
of 9% that has also been reduced to 5% and compensation is
calculated by the Tribunal. Really I cannot agree with the
disability certificate at all for the reason clavicle fracture is a
fracture which is treated conservatively and for a child under
ordinary course there will not be any disability. But since the
Tribunal has accepted the disability certificate I do not want
to say anything on that. The Tribunal has calculated the
disability compensation. It has granted compensation for
pain and sufferings as well as some amount for loss of
amenities and enjoyment in life. I feel that the
M.A.C.A. 650 OF 2004
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compensation granted by the Tribunal is more than
reasonable and therefore the appeal lacks merit and it is
dismissed.
M.N. KRISHNAN, JUDGE.
ul/-