IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH JULY, 2008 / 18TH ASHADHA, 1930 MACA.No. 482 of 2003 (B) (OP(MV).336/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA) .................... APPELLANT/PETITIONER IN OP(MV): -------------------------------------------- JOHNSON @ POULOSE, S/O.VARGHESE, KALAPURACKAL HOUSE, MALAPPALLIPPURAM P.O. 680372, KODUNGALLUR TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS: --------------------------------------- 1. K.P.FRANCIS, S/O.POULOSE, KOLENCHERRY HOUSE, NORTH CHALAKUDY. 2. PRADEEP, S/O.DAMODARAN, MEPPULLY HOUSE, PAZHAYI, NENMANIKKARA VILLAGE. 3. ORIENTAL INSURANCE CO., M.G.ROAD, THRISSUR. BY ADV. SRI. GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- M.A.C.A.No. 482 of 2003 - B --------------------------------------------- Dated this the 9th day of July, 2008 J U D G M E N T Ramachandran Nair,J: Heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. 2. Enhancement of compensation is sought for, for the reason that the income fixed is low. Moreover, disability certificate at 15% is reduced to 8% by the M.A.C.T. Counsel for the appellant relied on intimation received from the Income Tax Department showing the payment of income tax by the appellant as a business man. However, the Standing Counsel relied on the statement made by the appellant in the claim petition wherein he claims to be the Manager of a firm, giving the name of the firm also. Besides this, his monthly income declared in the claim petition is only Rs.3000/-. Therefore, there is direct conflict between the claim made by the petitioner through the verified petition and the evidence adduced by him. In the circumstances, we do not find any bona fide ground MACA NO.482 OF 2003 :-2-: raised. Moreover, it is seen that injuries have not caused any permanent disability to the appellant because those are all minor injuries (injury to the abdomen, fracture to ribs etc.). Besides this, as against the claim for compensation of Rs.1,50,000/-, the Tribunal had awarded Rs.70,000/-. In such circumstances, we do not interfere with the award and the appeal is dismissed accordingly. C.N.RAMACHANDRAN NAIR, Judge V.K.MOHANAN, Judge MBS/ MACA NO.482 OF 2003 :-3-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- I.T.A.NO. 81 OF 2000 ------------------------------------ J U D G M E N T MACA NO.482 OF 2003 :-4-: DATED:17-6-2008