Kerala High Court
Francis Thomas vs Tony Mathew on 17 February, 2011
Bench: A.K.Basheer, P.Q.Barkath Ali
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1289 of 2008()
1. FRANCIS THOMAS, S/O THOMAS,
... Petitioner
Vs
1. TONY MATHEW, S/O MATHEW,
... Respondent
2. VIJITH MATHEW NINAN,
3. THE DIVISIONAL MANAGER,
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent :SRI.E.M.JOSEPH
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :17/02/2011
O R D E R
A.K. BASHEER & P.Q. BARKATH ALI,JJ.
...........................................
M.A.C.A.NO.1289 OF 2008
.............................................
Dated this the 17th day of February, 2011.
J U D G M E N T
Basheer, J:
The only grievance of the appellant is that the Tribunal, while reckoning the monthly income of the appellant in order to assess the compensation payable under the head of disability, has proceeded to assume that the appellant had been earning only Rs.2,000/= per month. According to the appellant, he had been working as a helper in a school and getting a monthly salary of Rs.6,000/=. But as rightly pointed out by the learned counsel for the Insurance Company, the appellant had not mentioned anything about his employment in any school. On the contrary, his contention was that he was a painting contractor.
2. Having regard to the entire facts and circumstances of the case, we are of the view that notional monthly income of the appellant can be taken as Rs.2,500/=. Therefore, compensation payable under the : 2 : M.A.C.A.NO.1289 OF 2008 head of disability shall be reworked as hereunder:
2500x12x18%x16= `86,400/=. In all other respects the award passed by the Tribunal is sustained.
A.K. BASHEER, JUDGE.
P.Q. BARKATH ALI,JUDGE.
cl : 3 : M.A.C.A.NO.1289 OF 2008