IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 MACA.No. 101 of 2003(D) ----------------------------------- OPMV.781/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ------------------- SALU GEORGE, S/O. JOSEPH GEORGE, KADANTHOTTU, NEAR POLICE STATION, CHANGANACHERRY. BY ADV. SRI.PAULY MATHEW MURICKEN RESPONDENTS: RESPONDENTS ----------------------- 1. P.M. MUSTHAFA, PUTHUPARAMBIL HOUSE, P.C. KAVALA, PAIPPADU, CHANGANACHERRY. 2. ANSARI. P.U., S/O. UMMERKUTTY, PATHILPARAMBIL, KUTTENPUZHA, VARICADU, THIRUVALLA. 3. THE ORIENTAL INSURANCE CO.LTD., CHANGANACHERRY. ADV. SRI.G.SUKUMARA MENON FOR R1,2 SMT.DEEPTHI S.MENON FOR R1,2 SRI.S.MAMMU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- M.A.C.A.NO.101 OF 2003-D ---------------------------------------------------- Dated this the 16th day of June, 2008. JUDGMENT Koshy, J: The appellant/claimant met with an accident at the age of 30 years on 1.1.1995. He sustained serious injuries in that accident. The medical board of the Medical College Hospital, Kottayam assessed disability at 30%. According to the appellant, he was an Electrician in Saudi Arabia. He produced his passport and visa, Ext.A15 series, to prove that he was employed in Saudi Arabia. While he was on leave, the accident occurred. The Tribunal noticed the early positing petition filed by the appellant saying that he wants to go to abroad and also noticed the fact that the appellant was able to do his work. The Tribunal fixed Rs.3,000/= as his monthly income and compensation was calculated for 30% disability taking the multiplier as 16. The compensation payable was Rs. 1,72,800/= The Tribunal awarded Rs.1,75,000/=. The monthly income of the appellant at the time of the accident was Rs.3,000/=. Six months' loss of income was taken into account to assess the loss of earnings and an amount of Rs.18,000/- can be MACA.NO.101/03 . 2 allowed under the head of loss of earnings. The medical bills were also reimbursed. Even though he claimed Rs.7,800/= as his monthly income, no evidence was adduced to prove the same. Since he was employed in Saudi Arabia, the Tribunal fixed his monthly income as Rs.3,000/= especially because he went back to Saudi Arabia for employment. We find no reason to interfere with the impugned judgment as the total compensation of Rs.2,16,500/= awarded by the Tribunal with 12% interest from the date of application till the date of deposit with proportionate costs is fair and reasonable. Hence, this appeal is dismissed. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl MACA.NO.101/03 . 3 J.B. KOSHY & P.N. RAVINDRAN, JJ. M.A.C.A.NO.101 OF 2003-D JUDGMENT 16th day of June, 2008.