IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2036 of 2006()
1. BABU, S/O.MATHEW,
... Petitioner
Vs
1. BENNY, S/O.SEBASTIAN,
... Respondent
2. SHINS @ TONI, S/O.DEVASIA,
3. UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.GEORGEKUTTY MATHEW
For Respondent :SRI.K.SANDESH RAJA
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :09/07/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 2036 OF 2006
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Dated this the 9th 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, Thodupuzha in O.P.(MV)758/03.
The claimant, an agriculturist aged 44 years sustained
injuries in a road accident. He had suffered a fracture of the
humerus with radial nerve neuropraxia. He was treated in
the hospital from 9.2.02 to 15.2.02. He had expended a sum
of Rs.12,114/- towards treatment. The Tribunal took his
income at Rs.2,000/- and also held that he had not
continued treatment and there is nothing to show that he
had suffered any disability on account of the accident though
Ext.A7 is issued as a disability certificate. It is not seen
proved also. The Tribunal has awarded adequate
compensation under all heads and on account of the fracture
the Tribunal had awarded an amount of Rs.7000/- towards
loss of amenities and enjoyment in life. The Tribunal has
given liberal compensation for pain and sufferings, loss of
M.A.C.A.2036 OF 2006
-:2:-
earnings etc. The actual expenses incurred on other heads
are also granted which is just and reasonable and it does not
call for any interference therefore the appeal lacks merit and
it is dismissed.
M.N. KRISHNAN, JUDGE.
ul/-