IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 MACA.No. 830 of 2011(A) ---------------------- OPMV.413/2004 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT : PETITIONER ------------------------ P.K.MUJEEB, SON OF SRI.KUNJU MUHAMMED, PULIYAMPILLY HOUSE, PANANGAD.P.O., KUMBALAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.ANIL S.RAJ RESPONDENTS : RESPONDENTS -------------------------- 1. K.C.VARKEY, SON OF SRI.CHACKO, KUNNATHOOR HOUSE, ALAPURAM, ELANJI.P.O., ERNAKULAM DISTRICT. PIN-686 665. 2. M.R.PRASAD, SON OF SRI.RAGHAVAN, MONTHAKUTHIYIL HOUSE, KEEZHOIR, MULAKKULAM VILLAGE, PIN-686 605. 3. NATIONAL INSURANCE COMPANY LIMITED, TRIPUNITHURA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & N.K.BALAKRISHNAN, JJ. *********************** M.A.C.A No.830 of 2011-A ***************************** Dated this the 8th day of July, 2011 JUDGMENT BASANT, J. Claimant is the appellant. He suffered personal injuries in a road traffic accident on 29.09.2003. His claim was limited to Rs.8 lakhs. The Tribunal, by the impugned award, directed payment of an amount of Rs.6,04,550/- as per the details given below: i) Loss of earning : Rs. 15,000.00 ii) Transportation expenses : Rs. 1,500.00 iii) Damage to clothes : Rs. 400.00 iv) Medical expenses : Rs.1,47,900.00 v) Attendant expenses : Rs. 4,750.00 vi) Shock, pain and sufferings : Rs. 25,000.00 viii) Compensation for loss of earning power : Rs.2,70,000.00 ix) Loss of amenities and enjoyment in life : Rs. 20,000.00 x) Compensation for reduced prospects in marriage : Rs. 10,000.00 M.A.C.A No.830 of 2011-A 2 xi) Disfiguration and future treatment : Rs. 10,000.00 ........................ Total : Rs.6,04,550.00 ========= 2. The appellant claims to be aggrieved by the impugned award. Called upon to explain the challenge, the learned counsel for the appellant trained all guns on the finding of the Tribunal that the monthly income of the appellant, a trained and qualified Refrigeration Mechanic, was Rs.2,500/-. The award shows that Ext.A15 salary certificate was produced and in the same his salary is described to be Rs.2,500/- per mensem. The challenge on that ground is hence found to be without any substance in these circumstances. 3. The learned counsel then contends that future prospects in employment has not been taken into reckoning by the Tribunal. The appellant is not shown to be in any settled or stable employment as indicated in Sarla Verma v. Delhi Transport Corporation [2009 ACJ 1298 (SC)]. However, we do further note that the Tribunal has reckoned 50% as the reduction in earning capacity notwithstanding the fact that the disability certificate produced only shows 38% to be the physical disability. Reduction in earning capacity was hence fixed at a M.A.C.A No.830 of 2011-A 3 higher rate than physical disability duly certified under the disability certificate. 4. We have been taken through the impugned award in detail. We are not persuaded to agree that the amounts awarded under any of the heads indicated above do warrant appellate interference by us. 5. This appeal is, in these circumstances, dismissed. (R.BASANT, JUDGE) (N.K.BALAKRISHNAN, JUDGE) rtr/