Biju Parakkal v. P.A. Subair

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 MACA.No. 2535 of 2015 () ------------------------- OPMV 3386/2002 of PRINCIPAL MOTOR ACCIDENT CLAIM TRIBUNAL, KOZHIKODE --------------- PETITIONERS/APPELLANT :

-------------------------------------- BIJU PARAKKAL, AGED 23 YEARS, S/O VIJAYAN, PARAKKAL HOUSE, THIRUVAMBADI POST, KOZHIKODE.

BY ADVS.SRI.JIJI THOMAS SMT.SMITHA MATHEW SRI.P.R.ASHOK KUMAR RESWPONDENT/RESPONDENTS :

------------------------------------------------

1. P.A. SUBAIR, AGED 22 YEARS, S/O. ABDU, POOTHANKODU MEETHAL (H), THAMARASSERY POST, KOZHIKODE-673001.

2. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, VELIMANNA BUILDING, MAIN ROAD THAMARASSERY, KOZHIKODE-673001.

R2 BY ADV. SRI.P.JACOB MATHEW BY SRI.JOHN JOSEPH VETTIKAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

P.B.SURESH KUMAR, J.

= = = = = = = = = = = = = M.A.C.A.No.2535 of 2015.

= = = = = = = = = = = = = Dated this the 27th day of October, 2015.

J U D G M E N T

The claimant in a petition for compensation before the Motor Accidents Claims Tribunal has come up in this appeal challenging the quantum of compensation granted by the Tribunal.

2.

The claimant was a Cable TV Operator. He was aged 23 years at the time of accident. The accident took place on 22.4.2002. A sum of Rs.50,000/- was claimed in the petition by way of compensation. The Tribunal, on an appraisal of the materials on record, found that the claimant is entitled to only a sum of Rs.2,500/- and accordingly, an award was passed for the said amount. The claimant is aggrieved by the said award.

3.

Heard the learned counsel for the claimant.

4.

The claimant sustained only dislocation of his

MACA.No.2535/2015.

hip in the accident. Having regard to the facts and circumstances of the case, the Tribunal granted a consolidated sum of Rs.2,500/- by way of compensation to the claimant. There was no insurance coverage for the vehicle involved in accident. In the circumstances, I do not find any reason to interfere with the decision of the Tribunal. The appeal is without merits and the same is accordingly dismissed.

Sd/- P.B.SURESH KUMAR, JUDGE.

Kvs/- // true copy // PA TO JUDGE.