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 22ND OCTOBER 2008 / 30TH ASWINA 1930 MACA.No. 1770 of 2008(A) ------------------------------------- O.P(MV).NO.3358/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/ CLAIMANT: ----------------------------------- SLEEBA JOHN CHUNGATH, CHUNGATH HOUSE, KARAYOOR, KOTTAPADY PO., VIA.KUNNAMKULAM, THRISSUR. BY ADV. SRI.RAJIT, ADV. SRI.RANJIT BABU. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. KUNJUMOIDEEN, S/O.MAMMU, PARAPULLAN HOUSE, PALAPPILLY, VARANDARAPPILLY, THRISSUR DISTRICT. 2. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, PO.CHALAKUDY. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- M.A.C.A.NO.1770 OF 2008 (A) ----------------------------------- Dated this the 22nd day of October, 2008 J U D G M E N T KOSHY,J. Appellant/Claimant sustained very serious injuries in a motor accident on 22.11.2000 due to the negligence of the driver of the vehicle insured by the 2nd respondent Insurance company. Against a claim of Rs.10 lakhs, Tribunal awarded only Rs.3,43,590/-. Only dispute is regarding the quantum of compensation. 2. It is true that the appellant has got serious disability. She was employed in Indian Bank, a nationalised Bank and her employment was not lost and Tribunal found that after the accident, her salary increased. Compensation is awarded for offsetting the damages caused in the accident. Since the employment was not lost, compensation cannot be granted on a multiplier method taking the salary she was receiving as an M.A.C.A.NO.1770 OF 2008 (A) 2 Assistant Manager at the time of accident. But at the same time, she has to suffer the difficulties after the accident also and Rs.38,400/- was awarded for disability and Rs.10,000/- was awarded for loss of amenities apart from Rs.1,69,140/- awarded for loss of earnings. The Tribunal has reimbursed the entire medical bills which amounts to more than Rs.1 lakhs. We are of the opinion that just and reasonable compensation was awarded and no interference is required, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 14th October, 2008