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 6TH JUNE 2008 / 16TH JYAISHTA 1930 MACA.No. 534 of 2003() ---------------------- OPMV.1811/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- KOTTANGODAN SIDDIQUE, AGED 28 YEARS, S/O. AHAMMED HAJI, PANNIPARAPOTTIYIL, PERAKAMANA AMSOM DESOM. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. A. SETHUMADHAVAN, S/O. RAMAN EZHUTHASSAN, BUS OWNER, ALIPARAMBIL HOUSE, P.O. NILAMBUR. 2. M.G. RAJAN, S/O. GOPALA PILLAI, MOOLATHARAYIL VEEDU, AMARAMBALAM, THOTTAKAD. 3. THE ORIENTAL INSURANCE CO. LIMITED, MANJERI. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.A.C.A.No.534 OF 2003 ------------------------------------- Dated 6th June, 2008 JUDGMENT Koshy,J . Appellant/claimant at the age of 22 met with an accident on 7.4.1996 and sustained injuries. He claimed a compensation of Rs.15,00,000/=. Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent insurance company, but, awarded only Rs.2,08,200/= with 9% interest from the date of petition till realisation. The petition was filed in 1996. The award was passed in 2002. Appellant was aged only 22 at the time of accident. Even though he produced a certificate from the contractor that he was employed, that was not proved and there is no evidence to prove that he was employed at the time of the accident. Even though notional income of a non-earning person under second schedule is Rs.1,250/= per month (Rs.15,000/= per year), Tribunal has fixed Rs.2,000/= per month (Rs.24,000/= per year). Claimant was sent for medical examination by the Tribunal. Ext.X1 issued by the Medical Board shows that he had only 18% disability. However, he was again sent for medical examination and Medical Board then certified 40% disability. That was accepted by the Tribunal and compensation was MACA.534/2003 2 granted for 40% disability. 17 was taken as the multiplier taking second schedule as guidance For pain and suffering Rs.15,000/= was awarded. Treatment and medical expenses were reimbursed. We are of the opinion that just and reasonable compensation was awarded and no interference is required. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks