IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 MACA.No.461 of 2003 (B) ------------------------------ OPMV.222/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- P.P.MURALEEDHARAN S/O. BHASKARAN, AGED 29 YEARS, NALUVAYAL HOUSE, THALKKOLATHUR P.O. PURAKKATTIRI, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS: RESPONDENTS ------------------------------------ 1. T.P.DIVAKARAN, S/O. T.P.RAGHAVAN, THIRUTHUMMAL HOUSE, KANANKARA P.O., CHELANNUR, KOZHIKODE. 2. PANDISSERY RAMESH BABU, S/O. KRISHNAN, NELIKUNU VAYAL, NEAR CHAKKORATHUKULAM PETROL BUNK, WEST HILL P.O., KOZHIKODE. 3. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, KINGSWAY BUILDING, MAVOOR ROAD, KOZHIKODE. 4. K.A.FRANCIS S/O. K.A.ANTONY, KALLIKODAN HOUSE, NEDUPUZHA P.O., THRISSUR DISTRICT. 5. M.SUDHAKARAN, S/O. SWAMY, VARIAMVELLITHAZHAM HOUSE, THALKKOLATHUR P.O., KOZHIKODE DISTRICT. 6. THE ORIENTAL INSURANCE COMPANY, BRANCH OFFICE, THRISSUR. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A. No.461 of 2003 ------------------------------------------------ Dated this the 29th day of September, 2008 JUDGMENT Koshy, J The appellant sustained serious injuries at the age of 29 in a motor accident. The Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent/Insurance Company and awarded a compensation of Rs.89,150/- with interest. Only dispute in this appeal is regarding the quantum of compensation. Appellant was aged only 29 years at the time of the accident. He produced a salary certificate to show that he was earning Rs.1,500/- per month as salary. That was accepted by the Tribunal for calculating compensation. He produced a Medical Board's Certificate to show that he sustained 5% M. A. C. A. No.461 of 2003 -2- disability. The Tribunal accepted the same and calculated compensation for 5% disability. The highest multiplier of 18 was also taken. The accident occurred in the year 1993. Considering 5% disability suffered by the appellant, we are of the view that more than just and reasonable compensation was awarded by the Tribunal and hence, no interference is required in the award so passed by the Tribunal. Appeal fails and is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-