IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 MFA.No. 57 of 2003() ---------------------------- OPMV.1178/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/ PETITIONER ------------------------------------- GANGADHARAN, S/O.KOCHAKKAN, RESIDING AT KUNDAYIL HOUSE, NANDIKKARA, PARAPPUKKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.PRINCE.K.ELIAS SMT.P.K.RADHIKA RESPONDENTS/ RESPONDENTS ---------------------------------------------- 1. M.J.JOSHIMON, S/O.BABY @ JOSEPH, RESIDING AT MANJALI HOUSE, NANDIKKARA, P.O.PARAPPUKKARA, THRISSUR DISTRICT. 2. THE ORIENTAL INSURANCE COMPANY LIMITED, CHALAKUDY. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) - R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.No.57 OF 2003 ------------------------------------- Dated 10th June, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained injuries in a motor accident. He claimed a compensation of Rs.1,00,000/= which was amended to Rs.1,50,000/=. Tribunal awarded a compensation of Rs.65,000/= with interest after holding that driver of the vehicle insured by the second respondent insurance company is responsible for the accident. Only dispute is regarding the quantum of compensation. As a result of the accident claimant had sustained fracture of right humerus and comminuted fracture of right fibula. He had undergone three surgeries including skin grafting. Doctor certified 11% disability, but, Tribunal noticed that he was a peon employed in Government service and his salary was not affected except for the leave wages and three months' leave wages was granted. Claimant was aged 50 years at the time of accident, but, Tribunal taking into account the fact that even though after retirement his pension will not be affected, after retirement, at the age of 55, his job will be affected Rs.14,400/= was awarded for loss of earning power. Another Rs.13,600/= was awarded for loss of amenities discomforts suffered and inconvenience caused. The doctor certified MFA.57/2003 2 that he had continued as outpatient treatment for six months. He has to suffer the disability throughout his life. Since he was employed and his employment was not affected ,compensation cannot be granted on a multiplier basis. But, considering the fact that there is 11% disability and also the fact that after the age of 55, the age of superannuation, he could get another job, Rs.20,000/= ought to have been granted for permanent disability and loss of earning capacity, instead of Rs.14,400/= awarded by the Tribunal. Therefore, he will be entitled to Rs.5,600/= more than that was awarded by the Tribunal. We are of the view that compensation awarded under other heads are just and reasonable. The above Rs.5,600/= should be deposited by the second respondent insurance company with 7.5% interest from the date of application till its deposit. On deposit of the amount, appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks