IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 MACA.No. 261 of 2008 ------------------------------- O.P (MV).NO.93/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR. .................... APPELLANT/ PETITIONER: -------------------------------------- MOHAMED RAFEEQ, S/O.YOUSAF, PARAMBATHAZHATH HOUSE, P.O.OTHALUR, MALAPPURAM DISTRICT. BY ADV. SRI.V.E.ABDUL GAFOOR, ADV. SRI.A.MOHAMMED SAVAD. RESPONDENT/RESPONDENT: ------------------------------------------- 1. ABDUL ASHRAF, S/O.MOHAMED, NALAKATH HOUSE, NEAR NEW L.P SCHOOL, P.O.PONNANI, MALAPPURAM DISTRICT. 2. SUBAIDA, W/O.KUNJU MOHAMED, C/O.KUNHI BAVA AHAMED KUTTY, MERCHANT, CHANA ROAD P.O.PONNANI, MALAPPURAM DISTRICT. 3. SHEHIN MOOSA, S/O.KUNJU MOHAMED, C/O.KUNHI BAVA AHAMED KUTTY, MERCHANT, CHANA ROAD, P.O.PONNANI, MALAPPURAM DISTRICT. 4. NEW INDIA ASSURANCE CO. LTD., PONNANI, MALAPPURAM DISTRICT. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. Koshy & K.Hema, JJ. -------------------------------------- M.A.C.A. No. 261 of 2008 and C.M.Appln. No.255 of 2008 in M.A.C.A. No. 261 of 2008 --------------------------------------- Dated this the 15th day of February, 2008 Judgment Koshy,J. C.M.Application No.255 of 2008 is filed to condone the delay of 231 days in filing the appeal. The claimant met with an accident and he claimed compensation. The Motor Accidents Claims Tribunal found that the accident occurred due to the negligent driving of the vehicle insured by the third respondent insurance company and awarded compensation of Rs.1,98,000/= with interest from the date of application till its deposit. According to the claimant, he was getting Rs.3,500/- per month. That was accepted by the tribunal. The claimant was aged 24. Taking guidance from the second schedule, 17 was fixed as the multiplier. Claimant produced a medical certificate to show that he had 14% disability. That was also accepted by the tribunal and compensation was calculated according to law after accepting all the data furnished by the claimant and there is no merit in the appeal. Apart from the M.A.C.ANo. 261/2008 2 above, no grounds are also made out to condone the delay. Hence, both the delay condonation petition and the appeal are dismissed. J.B.Koshy Judge K. Hema Judge vaa M.A.C.ANo. 261/2008 3 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.A.C.A. No. 261 of 2008 and C.M.Appln. No.255 of 2008 in M.A.C.A. No. 261 of 2008 ------------------------------------- Judgment Dated:15th February, 2008