IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 MACA.No. 850 of 2008() --------------------------------- OPMV.2566/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER -------------------- P.K.VARGHESE, AGED 64 YEARS, S/O. LATE PAILY KURIAKOSE, AREEKKAL PANKOTT HOUSE, KAKKANAD P.O., COCHIN-682 030. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.ANILA PETER RESPONDENTS: RESPONDENTS ------------------------ 1. T.P.ABDUL RAHIMAN, THENNOOR HOUSE, MANJAPPETTY, MARAMPILLY P.O., (VIA) ALUVA. 2. N.M.ANIL KUMAR, S/O. MAHADEVAN, NIRAVATHU PARAMBIL HOUSE, KOMBANAD P.O., KOMBANAD VILLAGE. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE, ERNAKULAM. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.A.C.A.No.850 OF 2008 ------------------------------------- Dated 23rd May, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained injuries in a motor accident. Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company. But, against a claim of Rs.1,20,000/= only Rs.79,720/= was awarded with interest and costs. Quantum of compensation alone is disputed. Main contention is that Tribunal has taken only Rs.3,000/= as the monthly income. Appellant was doing retail business and sales tax assessment orders passed were produced to prove the same. That will not show the income of the appellant. He was not paying any income tax. Tribunal has considered the sales tax returns as well as current pass books and assessed Rs.3,000/= as monthly income. We see no ground to interfere in the same. Tribunal noticed that there was no complete amputation of fingers and only partial amputation of 3rd and 4th fingers of the left hand. Even as per Workmen's Compensation Act there will be 7% loss of earning capacity (3 + 2 + 2) only. He was aged above 56 at the time of accident. For discomforts, inconvenience and loss of amenities in life Rs.25,000/= was awarded apart from Rs.25,000/= MFA.850/2008 2 awarded for pain and suffering. Even if multiplier method is adopted, the amount will be less than that was awarded. In the above circumstances, we are of the opinion that just and reasonable compensation was awarded and no interference is required in the award. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks