IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 23RD OCTOBER 2007 / 1ST KARTHIKA 1929 MFA.No. 1411 of 2001(A) ----------------------- OPMV.1756/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT: ----------- THE ORIGINAL INSURANCE CO.LTD., KANNUR, REP. BY ITS DEPUTY MANAGER, REGIONAL OFFICE, EKM NORTH, KOCHI. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS: ------------- 1. K.RAGHUNATHAN, S/O GOVINDAN, MECHANICAL TRANSPORT DRIVER IN AIR FORCE, KUNNUMMAL HOUSE, P.O.-KOLARI, AYYALLUR, MATTANNUR 2. PALORAN RAVEENDRAN, PUTHUSSERY HOUSE, P.O.- PARAVOOR (The name of the second respondent is deleted from the party array wide order dated 27.9.2007 on I.A.2134/07) 3. P.P. ABOOBACKER @ SIDDIQUE, S/O MAMMAD, KEEZHALLUR AMSOM, ELAMPARA DESOM. BY ADV. SRI.M.SASINDRAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA.No. 1411 of 2001 ORDER ON C.M.P.9295/2001 DISMISSED SD/- K.S.RADHAKRISHNAN, JUDGE 23.10.2007 SD/- A.K. BASHEER, JUDGE K.S.RADHAKRISHNAN & A.K.BASHEER, JJ ------------------- M.F.A. 1411/2001 -------------------- Dated this the 23rdday of October, 2007 JUDGMENT Heard the counsel appearing for the appellant. Learned counsel for the Insurance Company has submitted that the amount of Rs.2,26,200/- awarded for loss of future earnings is on the higher side. Tribunal has taken Rs.3,770/- as his monthly income and calculating it for five years fixed at Rs.2,26,200/-. There is nothing to show that the claimant has lost his job and is still continuing in service and there is no deduction. Hence we are inclined to reduce the amount on that head by 50% which would work out to Rs.1,13,100/-. Award passed by the Tribunal is modified awarding Rs.1,13,100/- instead of Rs.2,26,200/- for loss of future earnings. In all other respects, the award passed by the Tribunal would stand. K.S.RADHAKRISHNAN Judge A.K. BASHEER, Judge mrcs