IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 MACA.No. 1569 of 2009() ----------------------- OPMV.3088/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): -------------- SHAJU,S/O.KUNJAPPAN,RESIDING AT VADAKKETHALAKKAL HOUSE, KALLUPURAM P.O, KADAVALLUR,THRISSUR. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP SRI.T.C.SURESH MENON RESPONDENT(S): --------------- 1. K.V.JACOB,S/O.VAREED,RESIDING AT KOOTHOOR HOUSE,P.O AKATHIYOOR, KUNNAMKULAM,THRISSUR DISTRICT. 2. BENET K.J,S/O.JACOB K.V,RESIDING AT KOTHOOR HOUSE,P.O AKATHIYOOR, KUNNAMKULAM,THRISSUR DISTRICT. 3. THE UNITED INDIA INSURANCE COMPANY LTD, WADAKKANCHERRY ROAD,KUNNAMKULAM,THRISSUR DIST. ADV. SMT.P.K.SANTHAMMA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1569 OF 2009 ............................................. Dated this the 9th day of November, 2009 J U D G M E N T This is an appeal preferred a against the award of the Claims Tribunal, Thrissur in OP(MV)No.3088/2001. The claimant, a grocery merchant, sustained injures in a road accident and the Tribunal has awarded him a compensation of Rs.73,650/= out of the claim for Rs. One lakh and it is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. I find that the Tribunal has been extremely reasonable in awarding compensation in this case. The main grievance formulated is regarding the fixation of income. There is nothing before the Tribunal to show what was the income derived by him from running the grocery shop. Therefore in the absence of evidence, the Tribunal was perfectly justified in fixing the income at Rs.2,000/=. The Tribunal has granted 4 months loss of earnings. It has taken 5% disability and awarded compensation for : 2 : M.A.C.A.No.1569 OF 2009 permanent disability. Over and above that it had granted a reasonable sum of Rs.6,000/= towards loss of amenities. It had granted Rs.23,950/= for treatment expenses and a further sum of Rs.5,000/= towards future treatment expenses. So on all heads reasonable compensation has been granted and therefore, I find that there are no grounds to interfere with the award passed by the Tribunal. Therefore, the appeal lacks merits and it is dismissed. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.1569 OF 2009