IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA No. 377 of 2007()
1. V.JAYADEVAN, S/O VELAYUDHAN ASSARI,
... Petitioner
Vs
1. THE MANAGING DIRECTOR,
... Respondent
2. K.BHUVANENDRAN, S/O KRISHNA PANICKER,
3. NATIONAL INSURANCE CO. LTD.,
For Petitioner :SRI.PIRAPPANCODE V.S.SUDHIR
For Respondent :SRI.LAL GEORGE
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :30/03/2007
O R D E R
P.R.RAMAN & ANTONY DOMINIC, JJ.
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M.A.C.A. NO. 377 OF 2007
======================
Dated this the 30th day of March, 2007
J U D G M E N T
P.R.Raman, J.
The appellant is the claimant in OP(M.V) No.1205/99 in the
file of MACT, Trivandrum. He sustained injury in a motor accident.
The application was filed claiming compensation. The Tribunal
awarded an amount of Rs.76,175/- by way of compensation after
apportioning the blame in equal proportion on the petitioner and
other offending vehicle at fifty-fifty. The only point that is pressed
into service of this appeal is that the income as fixed by the Court
below is too low. According to the learned counsel for the
appellant, even going by the documentary evidence adduced in
the case, his income will be more than Rs.6,000/- and there was
no reason to reduce the income to Rs.2000/-.
2. We have heard both sides.
3. The income tax returns filed for the period 88-89
shows that he had an income of Rs.70,890/-. The accident
occurred in April 1999. Therefore, it will be safe to take the said
MACA 377/2007
: 2 :
income for the purpose of computation. Further deducting the tax
due, it will only be Rs.67,691/- as a net income. But as rightly
found by the Tribunal, there is no actual loss of earning as is
evident from the income tax returns filed for the subsequent
years. Hence we fix Rs.4,500/- as income for the purpose of
computation of disability compensation. He has suffered a
disability of 21% and 15 has been taken as the multiplier.
Applying the same formula, the total amount of compensation
payable towards permanent disability will come to Rs.1,70,100/-.
Since the appellant is entitled to 50% of the same, it will come to
Rs.85,050/-. Hence over and above the amount of compensation
as awarded by the Court below, the appellant will be entitled for
an amount of Rs.47,250/- by way of additional compensation,
which will carry interest at the rate of 7% from the date of the
petition till realisation.
Appeal is allowed modifying the award as above.
P.R.RAMAN, JUDGE.
ANTONY DOMINIC, JUDGE.
Rp