IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 533 of 2005()
1. K.U.SAINUDHEEN, S/O. K.UMMER,
... Petitioner
Vs
1. CHANDRA,
... Respondent
2. L.R.DEVAGOUDA, S/O. RAMAGOUDA,
3. NATIONAL INSURANCE CO. LTD.,
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :29/09/2008
O R D E R
J. B. KOSHY &
K. P. BALACHANDRAN, JJ.
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M. A. C. A. No.533 of 2005
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Dated this the 29th day of September, 2008
JUDGMENT
Koshy, J
Appellant sustained fracture of left
patella and femur in a motor accident on
23/08/99. He was aged 25 years at the time of
accident. According to him, he was a Purchase
Manager, Kondotty Automobiles with a salary of
Rs.5,000/- per month. His educational
qualifications were not proved. The Tribunal
felt that the employment and salary were not
proved. He was only 25 years youngster at that
time. Therefore, only notional income was
taken. The entire medical expenses were
reimbursed. Total compensation awarded was
Rs.87,843/-. Even assuming that he was a
Purchase Manager of Kondotty Automobiles, he
M. A. C. A. No.533 of 2005 -2-
has no case that he lost employment due to the
accident. Therefore, compensation need not be
calculated on a multiplier method based on
actual salary. Still he has to carry on with
this difficulty throughout his life, for
disability and loss of earning power
Rs.20,400/- was awarded by the Tribunal. It is
the case of the appellant that despite
assessment of disability at 22%, Tribunal has
taken only 8 as the percentage of disability.
We are of the view that as already stated,
there is no loss of earning power as there is
no evidence to show that the appellant lost
his job. Considering the nature of the
injuries, we are of the opinion that total
compensation of Rs.87,843/- with interest
awarded by the Tribunal for the accident
happened in the year 1999 is just and
reasonable and no interference is required.
M. A. C. A. No.533 of 2005 -3-
Appeal fails and is dismissed
accordingly.
J. B. KOSHY
JUDGE
K.P.BALACHANDRAN,
JUDGE
kns/-