IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 MACA.No.533 of 2005 (D) ------------------------------ OPMV.998/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ------------------------------ K.U.SAINUDHEEN, S/O. K.UMMER, AGED 29 YEARS, R/O. KOLLAPARAMBAN HOUSE, PULLARA-MUCHIKKAL, VALLUVAMBRAM P.O., ERNAD TALUK, MALAPPURAM DISTRICT, KERALA STATE. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: RESPONDENTS: ------------------------------------- 1. CHANDRA, NO.654, RAVI NILAYA, NEAR JAYALAKSHMI SCHOOL, RAMASWAMI PALAYA, M.S. NAGAR, BANGLORE-33. 2. L.R.DEVAGOUDA, S/O. RAMAGOUDA, LALANAKARA VILLAGE, BINDIZANAVILE HOLI, NAGAMANGALI TALUK,MANDIYA DISTRICT,KARNATAKA STATE 3. NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, N.371/A, III FLOOR, PRESTIGN SHOPPIN ARACATE, RAMASWAMY CIRCLE,MYSORE. ADV. SRI. P. SANKARANKUTTY NAIR - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A. No.533 of 2005 ------------------------------------------------ Dated this the 29th day of September, 2008 JUDGMENT Koshy, J Appellant sustained fracture of left patella and femur in a motor accident on 23/08/99. He was aged 25 years at the time of accident. According to him, he was a Purchase Manager, Kondotty Automobiles with a salary of Rs.5,000/- per month. His educational qualifications were not proved. The Tribunal felt that the employment and salary were not proved. He was only 25 years youngster at that time. Therefore, only notional income was taken. The entire medical expenses were reimbursed. Total compensation awarded was Rs.87,843/-. Even assuming that he was a Purchase Manager of Kondotty Automobiles, he M. A. C. A. No.533 of 2005 -2- has no case that he lost employment due to the accident. Therefore, compensation need not be calculated on a multiplier method based on actual salary. Still he has to carry on with this difficulty throughout his life, for disability and loss of earning power Rs.20,400/- was awarded by the Tribunal. It is the case of the appellant that despite assessment of disability at 22%, Tribunal has taken only 8 as the percentage of disability. We are of the view that as already stated, there is no loss of earning power as there is no evidence to show that the appellant lost his job. Considering the nature of the injuries, we are of the opinion that total compensation of Rs.87,843/- with interest awarded by the Tribunal for the accident happened in the year 1999 is just and reasonable and no interference is required. M. A. C. A. No.533 of 2005 -3- Appeal fails and is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-