IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 MACA.No. 1213 of 2006() ----------------------- OPMV.326/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- PETER RODRIGUES, AGED 39 YEARS, S/O.JOMY RODRIGUES, PANACKAPARAMBIL HOUSE, 11/1295, CENTRAL ODATHA, VELI, FORTKOCHI, KOCHI-1. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): --------------- 1. LT.AMIT SUD, S/O.C.K.SUD, NO.141, PRASAD NAGAR, NEW DELHI, NOW AT 321, FLIGHT, INS GARUDA, NAVAL BASE, COCHI-4. 2. UNDITED INDIA INSURANCE CO.LTD., BY ITS MANAGER, MTPC OFFICE, VETTUKATTIL BUILDING, M.G.ROAD, COCHIN-16. 3. P.T.CLEETUS, S/O.P.C.THOMAS, 11/1346 A, PUTHENPURACKAL HOUSE, CENTRAL ODATHA, VELI, FORTKOCHI, KOCHI-1. 4. UNITED INDIA INSURANCE COMPANY LTD., BY ITS MANAGER, MTPC OFFICE, VETTUKATTIL BUILDING, M.G.ROAD, COCHIN-16. ADV. SRI.JOHN JOSEPH VETTIKAD FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & V.K.MOHANAN, JJ. ---------------------------------------------- M.A.C.A. No.1213 OF 2006 ---------------------------------------------- Dated, 24th November, 2008. JUDGMENT Koshy, J. The appellant sustained serious injury in a motor accident, at the age of 33. The Tribunal found that the accident occurred due to the negligence of the Ist respondent - rider of the vehicle, and the 2nd respondent - insurance company is liable to deposit the amount. The only dispute is regarding the quantum of compensation. The appellant was a Carpenter by profession. The accident occurred in 1999. It is his case that he was getting a monthly income of Rs.15,000/-. According to the claimant, he was employed in Gulf countries. He produced the passport. Being a Carpenter, he had no other documents. The Tribunal has taken only Rs.1750/- as monthly income. If he had been working in India, he would have obtained Rs.150/- per day and his monthly income will be more than Rs.3000/- per month. If he had been continuing employment in Gulf countries, his monthly income would have been higher. The medical certificate issued by the Medical Board assessing 16% disability. It is also stated that there is 2.5 cm. shortening of his right leg. That certificate is not MACA 1213/06 -:2:- marked in the proceedings before the Tribunal. Considering the circumstances, we are of the view that the appellant should be granted an opportunity to adduce evidence before the Tribunal. In the result, the appeal is allowed. The appellant is free to adduce evidence regarding his income at the time of accident as well as the disability certificate, according to law. Both sides are free to adduce evidence. The matter is remitted back to the court below. The parties are directed to appear before the Tribunal on 19.1.2009. J.B.KOSHY, JUDGE. V.K.MOHANAN, JUDGE kvm/- MACA 1213/06 -:3:- V.K.MOHANAN, J. No.... Judgment/Order Dated: