IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 MACA.No. 1888 of 2005() ---------------------------------- OPMV.908/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/3RD RESPONDENT ------------------- UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: APPLICANT & RESPONDENTS 1 & 2 RESPECTIVELY ---------------------- 1. K.O.POULOSE, S/O.OUSEPH, KAVUNGAL HOUSE, MYLAMBADY POST, RESIDING AT MYLAMBADI, PURAKKADI VILLAGE, S. BATHERY TALUK, WAYANAD DISTRICT. 2. K.V.ROY, S/O.VARGHESE, KAKKATTUKUDY HOUSE, RESIDING AT MYLAMBADI, MYLAMBADI POST, PURAKKADI VILLAGE, BATHERY TALUK. 3. MANAGING PARTNER, DELTA SCALES, 6/797, R.C.ROAD, KOZHIKODE. ADV. SRI.GEORGE ABRAHAM FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO.1888/2005 ORDER ON IA. NO.3410/2005 IN MACA. NO.1888/2005 DISMISSED 25.07.2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1888 OF 2005 = = = = = = = = = = = = = = = Dated this the 25th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)908/00. The claimant, an agriculturist by profession sustained injuries in a road accident. He has been granted a total compensation of Rs.95,500/-. It is against that decision, the present appeal is preferred. 2. The claimant contended that he was having a annual income of Rs.10,000/-. He produced Ext.A6 income certificate which revealed that his annual income was Rs.10,000/-. The Tribunal fixed the income at Rs.4,500/- per month and calculated the compensation. There is a huge gap between the document available and the income taken by the Tribunal. So after discussing the matter I feel it is only desirable to take a reasonable income so that a remand can be avoided and considering the fact that he was an agriculturist aged 39 years and as there was huge substantial M.A.C.A. 1888 OF 2005 -:2:- loss of income from cultivation on account of the injury I think a reasonable amount can be given towards permanent disability compensation by taking the income at Rs.2,500/- per month. If it is taken and worked out at the rate of 5% disability the annual loss of earnings would come to Rs.1,500/- which when multiplied by 16 would come to Rs.24,000/-. The Tribunal has awarded Rs.43,200/- under that head. Therefore when deducted it would come to Rs.19,200/-. Similarly, for three months loss of earnings it would come to Rs.6,000/-. So when these two are added Rs.25,200/- has to be deducted from the compensation. When it is done the entitlement would come to Rs.70,300/- and therefore the award passed by the Tribunal is modified and the claimant is awarded a compensation of Rs.70,300/- with 6% on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same. The Tribunal may refix the deposit to be made on behalf of the claimant, if necessity arises. The MACA is disposed of as above. M.N. KRISHNAN, JUDGE. ul/-