IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 MACA.No. 148 of 2006() ---------------------- OP(MV).2144/1997 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/2ND RESPONDENT -------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., NOW RESPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB (SR.) RESPONDENT(S): CLAIMANT ----------------------- K.K.MANOJ KUMAR, S/O.KARUNAKARAN NAIR, KALARIKKAL HOUSE, CHOTTANIKKARA P.O., PIN-682 312. (NO RELIEFS ARE CLAIMED AGAINST THE 1ST RESPONDENT IN THE ORIGINAL PETITION AND HENCE HE IS NOT MADE A PARTY IN THIS APPEAL) ADV. SRI.R.SUDHISH FOR R THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A. NO. 198 OF 2006 IN M.A.C.A. NO. 148 OF 2006 DISMISSED SD/- C.N.RAMACHANDRAN NAIR, JUDGE SD/- HARUN-UL-RASHID, JUDGE C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No.148 of 2006 ----------------------------------------- Dated this the 14th day of October, 2008 JUDGMENT Ramachandran Nair .J, Heard senior counsel appearing for the Insurance company and counsel appearing for the respondent/claimant. The appellant's case is that the monthly income fixed is high for the award of compensation. Moreover according to the appellant the compensation for loss of earnings granted is more than the claimed amount. However, on going through the award, we find that the compensation for loss of earnings is awarded based on salary certificate issued from a Government of India Company. We do not find any ground to disbelieve the salary certificate, Moreover, the appellant is not disputing the employment of the respondent/claimant in the company which issued the certificate. So far as the quantum of compensation is concerned, we find that considering the nature of injury , compensation for pain and sufferings and disability of the appellant, the compensation amount awarded by the M.A.C.T. cannot be said to be excessive or high . Consequently we dismiss the appeal. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- ---------------------------- JUDGMENT 21st August, 2008