IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 MACA.No. 350 of 2008() ---------------------- OPMV.1587/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): 3RD RESPONDENT: ----------------------------- THE NATIONAL INSURANCE COMPANY LTD., D O II, P.B.NO.811, NOOR COMPLEX, MAVOOR ROAD, NEAR ARAYIDATH PALAM, CALICUT. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): CLAIMANT: ------------------------ K.K.SHANSUDHEEN, KOONOORKADAN HOUSE, AMBALAKKADAVU POST, MALAPPURAM DISTRICT. ADV. SRI.BABU S. NAIR SRI.K.RAKESH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/10/201 ALONG WITH MACA NO. 366 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A. Nos.350 & 366 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2010 JUDGMENT Basheer, J. In these appeals, the appellant - Insurance Company impugns the award passed by the Motor Accidents Claims Tribunal primarily on the ground that the compensation awarded by the Tribunal under the head of loss of earning is totally irrational and against the pleadings and evidence on record. A perusal of the claim petitions filed by the claimants will show that they had claimed a sum of Rs. 12,000/- each towards loss of earning. Their contention was that they were earning Rs. 4,500/- per month as rubber tappers. 2. The Tribunal while calculating the compensation under the head of disability took the monthly income of the claimant in M.A.C.A.No.350/2008 as Rs. 2,000/- and awarded a sum of Rs. 38,800/- applying the multiplier of 18 and accepting the percentage of disability as 9% as certified in the disability certificate. 3. Similarly, the Tribunal took the monthly income of the claimant in M.A.C.A.No.366/2008 as Rs. 2,000/- and awarded a sum of Rs. 8,640/- applying the multiplier of 18 and accepting the percentage of disability as 2% as certified in the disability certificate. But, while MACA.Nos.350 & 366 of 2008 2 awarding compensation under the head “loss of earning”, the Tribunal took the view that the claimants had been out of employment for one year and awarded a sum of Rs. 24,000/- for loss of income for one year @ Rs. 2,000/- per month. It may be noticed that the appellants had not got themselves examined nor had they amended their claim petitions stating that they had remained out of employment for one year. No other document was also produced to show that they could not work for one year because of the injuries. 4. In that view of the matter, the loss of income awarded by the Tribunal has to be necessarily modified. However, in the peculiar facts and circumstances of the case, we are of the view that the period of loss of employment can be reckoned as six months and for that period, the claimants will be entitled to get Rs. 12,000/- each instead of Rs. 24,000/- awarded by the Tribunal. In other words, a sum of Rs. 12,000/- each shall be deducted from the award amount. To that extent, the awards are modified. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv MACA.Nos.350 & 366 of 2008 3 sv. MACA.Nos.350 & 366 of 2008 4