IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 MACA.No. 546 of 2003(C) ----------------------- OPMV.535/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: ---------------------------------------- K.K.CHATHU, AGED 57 YEARS, S/O CHOYI, KOLANKANDIYIL HOUSE, PALATH P.O., KAKKODI (VIA), KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS: RESPONDENTS 1 TO 3: ------------------------------------------------------------ 1. A.M.CHANDRAN, S/O. KORAN, ADUVASSI MEETHAL HOUSE, CHERODE P.O., VATAKARA P.O., KOZHIKODE. 2. P.T.JAYARAJAN, AGED 25 YEARS, S/O.CHANDRAN, PARAYERIPARAMPATHU THAZHATHU HOUSE, KAKKODI P.O., KOZHIKODE. 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, SREENATH BUILDINGS, NARAYANA NAGAR, VATAKARA, KOZHIKODE. ADV. SRI.MATHEWS JACOB(Sr.), SC FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.546 OF 2003 ------------------------------------- Dated 15th October, 2008 JUDGMENT Koshy,J . Appellant/claimant at the age of 57 sustained injuries in a motor accident due to the negligence of the driver of the vehicle insured by the third respondent insurance company. Against a claim of Rs.3,00,000/=, the Tribunal awarded a total compensation of Rs.49,970/= with interest at 9% per annum from the date of application till deposit and costs. Only quantum of compensation is disputed in this appeal. Doctor certified 8% disability. The Tribunal accepted the same and calculated compensation. According to the appellant, he was a L.I.C. agent and getting a monthly income of Rs.3,000/=. But, no evidence was adduced to show his income except the evidence to show that he was a licenced L.I.C. Agent or regarding the commission earned by him. Despite the injuries, he will continue to get the commission for the earlier canvased policies. For the purpose of calculation of compensation, Rs.1,500/= was taken as the monthly income and considering his age, 8 was taken as the multiplier taking guidance from the second schedule and calculated compensation for loss of earning capacity. Apart from that, Rs.10,000/= was awarded for permanent MACA.No.546/2003 2 disability. Considering the total compensation awarded, nature of injuries, year of the accident etc., we are of the view that no grounds are made out to interfere in the award. The appeal is dismissed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks