IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 MACA.No. 786 of 2008() ---------------------- OPMV.63/2002 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER ------------------------------------- MOHAMMED RAFEEK.P., S/O.AHAMMED, PARAYIL HOUSE, P.O.EAST KADIRUR, THALASSERY. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: RESPONDENTS ------------------------ 1. V.RAHOOF, S/O.P.R.ABDULLA, BAITHUL ALFAT P.O.MOORIYAD, KUTHUPARAMBA (OWNER OF TATA SUMO KL-13C/7669). 2. V.ABDUL JALEEL, S/O.P.R.ABDULLA, VAZHAYIL HOUSE, CHUNDANGAPOIL, P.O.PONNIAM, THALASSERY. (DRIVER OF TATA SUMO KL-13C/7669). 3. THE NEW INDIA ASSURANCE CO.LTD., THALASSERY (POLICY NO.3176080475927). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No. 786 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2008 JUDGMENT Koshy, J. Appellant sustained fracture of shaft left humerus and fracture of patella left side. Total amount awarded by the Tribunal was Rs.1,17,600/- with 7% interest per annum and proportionate costs. Contention of the petitioner is that even though he produced salary certificate showing his salary as Rs.4,473/-, only Rs.3,000/- was taken for calculating disability. 2. We find that the appellant was a Government employee and there is no loss of earning power. He has no case that he lost employment because of the accident. His promotion prospects or earning capacity was not reduced. There is no loss of earning power. In such circumstances, it is not necessary to calculate compensation on multiplier method at all. Medical expenses were reimbursed. 3. Considering the total amount granted and considering the consequences of the accident with regard to his earning power, we are of the opinion that just and reasonable compensation was granted and hence no interference is necessary in this appeal filed by the claimant. Hence, the appeal is dismissed. J.B. Koshy, Judge K. Hema, Judge mn. -2-