IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 MFA.No. 212 of 2002(E) --------------------------------- O.P(MV).NO.1184/1993 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA. .................... APPELLANT/ PETITONR IN O.P.(MV): ---------------------------------------------------- K.S. GANASAN, S/O. SANKARAN, KUNNATH HOUSE, U. BAZAR DESOM, ERIYAD VILLAGE, MADAVANA P.O., KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY. RESPONDENTS/ RESPONDENTS IN O.P.(MV): ----------------------------------------------------------------- 1. HUSSAIN, S/O. ABDUL REHIMAN, KADAPPURAM DESOM & VILLAGE, CHAVAKKAD TALUK. 2. IBRAHIM, S/O. PULIKKAN MOHAMMADUNNI, KADAPPURAM DESOM & VILLAGE, CHAVAKKAD TALUK. 3. MANAGER, UNITED INDIA INSURANCE CO., MUNICIPAL 'C' SHAPE BUILDING, 2ND FLOOR, KUNNAMKULAM. 4. VASU, S/O. CHERUKKAN, KANNAMCHERIYIL HOUSE, ANCHAPPALAM, MATHALA VILLAGE. 5. THE ORIENTAL INSURANCE CO., LTD., NORTH NADA, KODUNGALLUR. ADV. SRI.P.JAYASANKAR FOR R3, ADV. SRI.P.V.JYOTHI PRASAD FOR R5. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.F.A.No.212 OF 2002 ------------------------------------- Dated 13th October, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained serious injuries in a motor accident and he claimed a compensation of Rs.1,00,000/= which was subsequently amended to Rs.4,00,000/=. The Tribunal awarded a total compensation of Rs.56,480/=. The appellant was aged 42 at the time of the accident. He was a police constable. His employment was not lost and he is a pensionable employee also. Ext.A8 is the disability certificate. The medical certificate shows that he sustained fracture to the scapula, compression fracture L1 vertebra, crush injury and wounds both knees, wound of left cheek, crush injury right thumb and deep wound in the right hand palm. Ext.A8 shows that he had 30% disability. Ext.A9 certificate shows that his permanent disability can be assessed at 35 to 40%. The Tribunal granted compensation for 25% disability and that too for the period after his retirement and the compensation granted for disability and loss of earning capacity is Rs.16,800/=. It is contended that the age of retirement of a police constable is 55 and a police constable will get job as security guards etc. after retirement and because of the injuries he lost chance of promotion and chance of getting MFA.212/2002 2 job after retirement. He will not get any job with these injuries and he has to suffer the injuries till the end of his life. At the time of accident he was getting Rs.2,682/= per month. After retirement, a policeman will get more than Rs.3,000/= but for the accident. Taking all these circumstances, we are of the opinion that the Tribunal ought to have allowed Rs.15,000/= more than that was awarded by the Tribunal for permanent disability and loss of earning power. The above Rs.15,000/= should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit, over and above the amount decreed by the Tribunal. The appeal is partly allowed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks