IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No.1773 of 2008 --------------------------- OPMV.423/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER: ------------------------------ FRANCIS @ BINU, 21 YEARS, S/O.KURUVILA, MUPPATTIL HOUSE THAVINHAL PO., YAVANARKULAM, MANANTHAVADY TALUK. BY ADV. SRI.N.J.ANTONY RESPONDENTS/RESPONDENTS: ------------------------------------- 1. VINODKUMAR, S/O.KESAVAN NAMBIAR, AGE NOT KNOWN, NARAYANI NIVAS, KUZHINILAM, MANANTHAVADY TALUK, (DRIVER OF JEEP KL-12A/1312, D.L.NO.NOT KNOWN) 2. KESAVAN NAMBIAR, 60 YEARS, S/O.KRISHNAN NAMBIAR, NARAYANI NIVAS, VIMALANAGAR, MANANTHAVADY TALUK, (OWNER OF JEEP KL-12A/1312) 3. NATIONAL INSURANCE COMPANY, KALPETTA (POLICY NO.571100/1999/6300206) 4. M.K.CHANTHU, AGE NOT KNOWN, S/O.RAJAN, ARNPULLAM HOUSE, PO.PERIA, PALLIKKARA KANJANKAD, KASARAKOD. (OWNER OF THE JEEP KL-11B/2630) 5. ORIENTAL INSURANCE COMPANY THALIPARAMBU (POLICY NO.441604/2999/2867) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A. No.1773 of 2008 ------------------------------------------------ Dated this the 23rd day of October, 2008 JUDGMENT Koshy, J Appellant sustained injuries at the age of 21. He was a Driver-cum-Agriculturist. Medical Certificate assessing 13% disability was accepted by the Tribunal. Even though there was no evidence to assess his monthly income, Tribunal has taken Rs.2,100/- as the monthly income. 17 was taken as the multiplier taking guidelines from the Second Schedule. The accident occurred in 1999. Considering the total compensation of Rs.82,478/- with interest awarded, we are of the view that just and reasonable compensation was awarded by the Tribunal. We see no ground to interfere on the same. Appeal fails and is dismissed M. A. C. A. No.1773 of 2008 -2- accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-