High Court Kerala High Court

E. Raman vs Kuthukallil Ibrahim on 30 January, 2007

Kerala High Court
E. Raman vs Kuthukallil Ibrahim on 30 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 960 of 2001()



1. E. RAMAN
                      ...  Petitioner

                        Vs

1. KUTHUKALLIL IBRAHIM
                       ...       Respondent

                For Petitioner  :SRI.S.V.BALAKRISHNA IYER

                For Respondent  :SRI.M.JACOB MURICKAN

The Hon'ble MR. Justice M.RAMACHANDRAN
The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :30/01/2007

 O R D E R
                     (M.RAMACHANDRAN & S.SIRI JAGAN, JJ)

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                         M.F.A.No.960  of  2001-D


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               Dated this the  30th day of January, 2007


                                 JUDGMENT

Ramachandran, J:

The Motor Accidents Claims Tribunal, Manjeri, while

deciding a claim arising out of a motor accident, which happened

on 22-05-1995, had awarded to the claimant in O.P.(MV).

No.1578 of 1996 a total compensation of Rs.1,13,000/-. The

appellant/petitioner has come up in appeal feeling aggrieved

about the adequacy of the award of compensation.

2. The principal submission of the learned counsel for

the appellant was that when there were materials to indicate

that as a driver he was earning Rs.15.000/- per month in Gulf

countries during the relevant time. Tribunal had taken the

yardstick for awarding compensation as Rs.3000/- as the monthly

earning of the claimant. However, it has to be noticed that

apart from producing a certificate there was no steps taken for

proving the contents of the document and we find that criticism

as against the Tribunal may not lie, since the Tribunal had

adopted a realistic stand, by laying down that the average

[MFA No.960 of 2001] -2-

earnings of a driver is Rs.3000/- per month at least as per the

Indian standards. It has also to be noticed that there is nothing

to indicate that his profession was as a driver, going by the

entries of his Passport, although benefit of doubt has been

extended in favour of the claimant.

3. The doctor had certified the disability of the

appellant at 4% and on the head of loss of earning power the

appellant had been granted Rs.21,500/-; Rs.7000/- towards

disability and Rs.25,000/- towards loss of employment.

4. It is difficult for us to accept the contention of the

appellant that the income of Rs.15,000/- should have been taken

as basis for computation of the compensation, or an

enhancement is just or equitable. Evidently the appellant had

failed to discharge his part of the duties. Consequently, the

appeal will stand dismissed.

M.RAMACHANDRAN

(JUDGE)

S.SIRI JAGAN

( JUDGE)

mks/

[MFA No.960 of 2001] -3-

M.RAMACHANDRAN,

&

S.SIRI JAGAN, JJ

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M.F.A.No. 960 of 2001-D

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JUDGMENT

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30th day of January, 2007