NITHIN MAHESWARI Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The 1st respondent in MACA No.2066/2014 who is also the Cross Objector in C.O. No.200/2014, has filed this review petition against the judgment dated 13.07.2020 in the said MACA. The review petitioner is the petitioner in OP(MV) No.1234/2011 of the Principal Motor Accident Claims Tribunal, Kozhikode, from which the MACA arose.

(2.) The MACT passed Award in the OP(MV) granting a compensation of Rs.24,09,000/- to the review petitioner. The Insurer filed MACA and the review petitioner filed Cross Objection. This Court dismissed the MACA and granted additional compensation of Rs.40,000/- to the Review Petitioner/Cross Objector. The said judgment is sought to be reviewed by the Cross Objector/Review Petitioner.

(3.) The short ground for review is that while calculating compensation for loss of future earning power/disability, this Court deducted 50% of income towards personal expenses. In injury cases, such deduction is impermissible.