IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 MACA.No. 589 of 2004() -------------------------------- OPMV.397/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- USMAN, S/O. ABOOBACKER, 37 YEARS, KOOLATH HOUSE, KOOTTILANGADI P.O. BY ADV. SRI.K.P.MUJEEB RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. ABDUL MAJEED. K., S/O. HAMZA, KOVILAKKAL HOUSE, VALIYAD, KODUR P.O. (DRIVER) 2. P.K. MUHAMMED KUTTY, S/O. KUNHAHAMMED KUTTY, PALAYAKODAN HOUSE, MUNDUPARAMBA P.O., (OWNER) 3. NATINAL INSURANCE CO.LTD., MANJERI. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy & Thomas P. Joseph, JJ. -------------------------------------- M.A.C.A. No.589 of 2004 --------------------------------------- Dated this the 28th day of August, 2008 Judgment Koshy,J. Appellant/Claimant sustained injuries in a motor accident on 14.1.1998. It is stated that he was travelling in a goods autorickshaw with his own goods. The Tribunal held that the autorickshaw driver was negligent and directed payment of compensation. Considering the age of the claimant, 17 was taken as the multiplier. No evidence regarding his income was adduced, even though he stated that he was a fruit merchant, in the absence of evidence Rs.1,800/- was taken as the monthly income and compensation was calculated. Total compensation calculated was Rs.1,37,800/- with 9% interest from the date of application. Just and reasonable compensation was granted by the Tribunal and we see no ground to interfere in the award at the instance of the claimant. Appeal dismissed. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.A.C.A.No./2003 2 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.A.C.A. No.589/2004 ------------------------------------- Judgment Dated:28th August, 2008