IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA No. 261 of 2008()
1. MOHAMED RAFEEQ, S/O.YOUSAF,
... Petitioner
Vs
1. ABDUL ASHRAF, S/O.MOHAMED,
... Respondent
2. SUBAIDA, W/O.KUNJU MOHAMED,
3. SHEHIN MOOSA, S/O.KUNJU MOHAMED,
4. NEW INDIA ASSURANCE CO. LT D.,
For Petitioner :SRI.V.E.ABDUL GAFOOR
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :15/02/2008
O R D E R
J.B. Koshy & K.Hema, JJ.
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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