IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 20TH AUGUST, 2008 / 29TH SRAVANA, 1930 MACA.No. 131 of 2003 (D) (OPMV.1166/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA) .................... APPELLANT/CLAIMANT: ----------------------------- JUSTUS JOHN, S/O. STEPHENSON, THADATHARIKATHU VEEDU, BADANIPURAM, KATTACKODE P.O., KATTAKKADA, THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN SRIRAJAN VELLOTH SRI.SAIJO HASSAN SRI.VIMAL KUMAR.A.V. RESPONDENTS/RESPONDENTS IN THE O.P.: ------------------------------------------------------ 1. CHRISTIAN JOSE, KARIYOTTUKONAM NEW HOUSE, KATTACKODE P.O., KATTAKKADA, THIRUVANANTHAPURAM. 2. THE KERALA STATE INSURANCE DEPARTMENT, DIRECTORATE OF INSURANCE, HOUSING BOARD BUILDING, THAMPANOOR, TRIVANDRUM. BY GOVERNMENT PLEADER FOR R2 SMT.SMITHA. SRI.R.T.PRADEEP FOR R1 SRI.V.VIJULAL FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- M.A.C.A.No. 131 of 2003 D --------------------------------------------- Dated this the 20th day of August, 2008 J U D G M E N T Ramachandran Nair,J: Heard counsel for the appellant and the Government Pleader appearing for the Kerala State Insurance Department. 2. The appellant while in service in the Air Force suffered injuries on account of accident caused by the driver of a mini bus in which he was travelling. The vehicle hit a stationary lorry and the appellant suffered major injuries to both his legs. It is seen from the records that the appellant suffered extensive fracture of the legs and he was treated in several hospitals under the control of the Defence Department. The appellant's case is that the total compensation awarded at Rs.1,57,400/- is too low. 3. The main ground raised by counsel for the appellant is that no compensation is awarded for loss of prospects in employment. According to him, the appellant, MACA NO.131 OF 2003 :-2-: after the accident, was declared as a low medical category and therefore, he would not get promotion in service. However, we find that no evidence is produced about the loss of employment opportunities on account of medical disability. In fact no evidence was adduced to prove the nature of appellant's job, the change occurred in his service after the accident and loss of promotion prospects, if any, suffered by the appellant. Therefore, we do not find any ground to award compensation for loss of promotion prospects. However, we find substance in the contention of the appellant that he was in hospital for a long period i.e., 1½ years and therefore, he is entitled to get substantial compensation for pain and suffering and for loss of enjoyment in life. The appellant was only 26 years old at the time of accident and it was clear from the medical records that the appellant was in the hospital for a long time and in fact, he had undergone surgeries, replacements etc. MACA NO.131 OF 2003 :-3-: 4. In the circumstances, considering the age of the appellant, we enhance the compensation for pain and suffering and for loss of enjoyment in life by another Rs.25,000/-. The respondents are directed deposit the additional compensation amount also with interest at 7.5% interest from the date of application till the date of deposit. The appeal will stand allowed to the above extent. C.N.RAMACHANDRAN NAIR, Judge V.K.MOHANAN, Judge MBS/ MACA NO.131 OF 2003 :-4-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- MACA NO.131 OF 2003 ----------------------------------------- J U D G M E N T DATED:20-8-2008 MACA NO.131 OF 2003 :-5-: