IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 MACA.No. 1289 of 2008() ------------------------------ OPMV.1096/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/PETITIONER ------------------------------ FRANCIS THOMAS, S/O THOMAS, VELICKAKATHU HOUSE, NEDUMANI KARA, NEDUMKUNNAM VILLAGE, NOW RESIDING AT ADIMAKAL HOUSE, VELLIYEPPALLY KARA, MEENACHIL VILLAGE. BY ADVS. SRI.MATHEW JOHN (K) SRI.AJEESH K. SASI RESPONDENT(S): RESPONDENTS -------------------------------------- 1. TONY MATHEW, S/O MATHEW, MUNDUPUZHA HOUSE, TAALAPPADY, PUTUPALLY POST, PUTUPALLY KARA AND VILLAGE. 2. VIJITH MATHEW NINAN, THEVARTHUNDIYIL HOUSE, VADAVATHOOR POST, KOTTAYAM DISTRICT. 3. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., PATHANAMTHITTA BRANCH. R3 BY ADV. SRI.E.M.JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs A.K. BASHEER & P.Q. BARKATH ALI,JJ. ........................................... M.A.C.A.NO.1289 OF 2008 ............................................. Dated this the 17th day of February, 2011. J U D G M E N T Basheer, J: The only grievance of the appellant is that the Tribunal, while reckoning the monthly income of the appellant in order to assess the compensation payable under the head of disability, has proceeded to assume that the appellant had been earning only Rs.2,000/= per month. According to the appellant, he had been working as a helper in a school and getting a monthly salary of Rs.6,000/=. But as rightly pointed out by the learned counsel for the Insurance Company, the appellant had not mentioned anything about his employment in any school. On the contrary, his contention was that he was a painting contractor. 2. Having regard to the entire facts and circumstances of the case, we are of the view that notional monthly income of the appellant can be taken as Rs.2,500/=. Therefore, compensation payable under the : 2 : M.A.C.A.NO.1289 OF 2008 head of disability shall be reworked as hereunder: 2500x12x18%x16= `86,400/=. In all other respects the award passed by the Tribunal is sustained. A.K. BASHEER, JUDGE. P.Q. BARKATH ALI,JUDGE. cl : 3 : M.A.C.A.NO.1289 OF 2008