IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 MACA.No. 2605 of 2009() ---------------------- OP(MV).33/2004 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALAKKAD ................... APPELLANT : 2ND RESPONDENT : ------------------------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, PALAKKAD NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADVS. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENTS : PETITIONER AND 1ST RESPONDENT. ------------------------------------------------------------------------------ 1. K.M.MADANAKUMAR, S/O. LATE K.P.MAMA, KOLLARA HOUSE, THALIKKULAM.P.O., THRISSUR DISTRICT 2. T.B.SANKARA NARAYANAN, S/O. T.K.BHASKARAN, MANAGING PARTNER, MONARCH INDUSTRIES, KANAYAM.P.O., SHORNUR. BY ADVS. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn R. BASANT & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- C.M.Appl.No.3079 of 2009 & M.A.C.A.No.2605 of 2009 ---------------------------------------------------- Dated this the 29th day of July, 2011 Order/Judgment Basant, J. C.M.Appl.No.3079 of 2009 This petition is to condone the delay of 7 days in filing the appeal. Heard both sides. We take a lenient view. Delay condoned. M.A.C.A.No.2605 of 200 The insurance company is the appellant. The appellant assails the impugned award under which an amount of Rs.6,93,644/- has been ordered to be paid as compensation. The claimant/respondent is employed abroad. The Tribunal reckoned Rs.30,000/- as the monthly income, 15 as the multiplier and 10% as the reduction in earning capacity. Learned counsel for the appellant submits that even according to the claimant, he was employed prior to the accident abroad and continues to be employed abroad after the accident. There is no proof of any actual reduction in earnings. In these circumstances, the award MACA 2605/09 2 of an amount of Rs.5,40,000/- under the head of disability (reduction in earning capacity) by applying the multiplier multiplicand method (Rs.30,000 x 12 x 15 x 10/100) is not justified, contends counsel. 2. Learned counsel for the respondent/claimant submits that the claimant would like to adduce evidence to show the actual reduction in earnings if this court is not prepared to accept the computation already made by the Tribunal. In that event, the matter may be remanded to the Tribunal to enable the parties to adduce further evidence, if any, necessary, submits the learned counsel for the respondent-claimant. 3. After discussions at the bar, that course is agreed upon. We do find that better evidence is required for a proper disposal of the claim. We are unable to gather all relevant inputs to authentically decide the claim. In these circumstances, we are persuaded to accept the submission made by the learned counsel for the respondent/claimant. 4. In the result: a) This appeal is allowed in part. b) The impugned award passed by the Tribunal MACA 2605/09 3 is set aside. c) The Tribunal shall dispose of the claim afresh, in accordance with law, after giving all parties opportunity to adduce further evidence, if any necessary. d) Parties shall appear before the Tribunal on 1st September, 2011 to continue the proceedings. R. BASANT, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd MACA 2605/09 4