IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 MACA.No. 32 of 2005(B) --------------------------------- O.P(M.V).NO.339/1998 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA. .................... APPELLANT/PETITIONER: ------------------------------------- V.T.THOMAS, S/O.THOMAN, VELIATH HOUSE, KORATTY P.O. MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY, ADV. SRI.A.N.SANTHOSH. RESPONDENTS/ RESPONDENTS 1 TO 3 IN O.P. (M.V): ---------------------------------------------------------------------------- 1. TONY THOMAS, S/O.THOMAS, VELIATH HOUSE, KORATTY P.O. 2. V.V.JOSE, VEZHAPARAMBIL HOUSE, KORATTY SOUTH P.O. 3. THE ORIENTAL INSURANCE CO.LTD., SOUTH JUNCTION, CHALAKKUDY. ADV. SRI.R.KIRAN FOR R1 & R2, ADV. SRI.V.P.K.PANICKER FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.A.C.A.No.32 OF 2005 ------------------------------------- Dated 9th July, 2008 JUDGMENT Koshy,J . The appellant/claimant ,at the age of 54, sustained injuries in a motor accident on 16.9.1997. Against a claim of Rs.5,00,000/=, the Tribunal awarded only an amount of Rs.60,241/- and directed the third respondent insurance company to deposit the amount. The only dispute raised in this appeal is regarding the quantum of compensation. 2. The appellant was employed in Lord Krishna Bank. His monthly income on the date of the accident was Rs.6,424/=. The Tribunal, after deducing tax , fixed Rs.4,000/= as his monthly income. It is contended that he had six more years of service. His salary would increase with every periodical wage revisions and future prospects were not considered. We are of the view that for calculating compensation the Tribunal has correctly taken only Rs.4,000/= as monthly income considering the salary after deduction of tax and House Rent Allowance. As a result of the accident, he sustained fracture of ulna, fracture of left radius, closed fracture of left humerus, fracture 2nd left rib and open reduction and internal fixation were done. The doctor certified 20% MACA.32/2005 2 disability. The disability certificate which was proved by PW2 doctor shows the following disabilities: “1. He has limitation of extension of left elbow due to partial ankylosis. 2. Limitation of pronation and supination. 3. Limitation of flexion, radial deviation of left wrist due to soft tissue fibrosis and adhesion. 4. He has loss of grip strength of left hand, tenderness, inability to grip, hold pull or push with left hand. 5. Difficulty to hold, left or carry heavy weight. 6. Difficulty to movements, to throw with left hand, to breath deeply. He assessed 20% permanent disability.” After considering the disabilities and seeing the claimant, the Tribunal awarded compensation for 12% permanent disability. We are of the view that no interference is required in the above. The Tribunal noticed that even though there is 12% permanent disability, he was a Bank employee and his employment was not lost. His wages were not reduced. However, taking the fact that he will retire at the age of 60 and after retirement also his earning capacity will be reduced, five MACA.32/2005 3 was taken as the multiplier and Rs.1,500/= as the income after retirement and compensation was calculated. We are of the opinion that he was a Bank employee and after retirement, he can obtain a good job with private financiers etc. Only five is taken as the multiplier. Instead of Rs.1,500/=, at least Rs.3,000/= should have been taken as the monthly income for calculating compensation for permanent disability and loss of earning power. The Tribunal has awarded only Rs.10,800/= for permanent disability. We award Rs.10,800/= more under this head. The claimant was on leave for 193 days. The Tribunal has granted only three months' leave wages for loss of actual earnings. We are of the opinion that entire salary to him has to be reimbursed. Since he was on leave for six and a half months, he is entitled to Rs.26,000/=. After deducting Rs.12,000/= granted by the Tribunal, the additional compensation payable for loss of actual earnings will be Rs.14,000/=. Even though it was contended that compensation granted under other heads are very meagre, considering the after effects of the accident and the total compensation granted, we are of the opinion that no further enhancement is necessary. Therefore, the additional compensation payable will be Rs.24,800/=. The additional amount of Rs.24,800/= should be deposited by the third respondent insurance company with MACA.32/2005 4 7.5% interest from the date of application till its deposit, over and above the amount decreed by the Tribunal. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks