IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 MACA.No. 656 of 2005 ------------------------------------ OPMV.469/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT/PETITIONER: SWINGLY EAPEN, S/O. REV. FR.EAPEN, AVIYOTTU MULLASSERIL VEEDU, VALAKOM MURI, VALAKOM VILLAGE, KOTTARAKKRA TALUK. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENTS/RESPONDENTS: 1. S. MUTHUSWAMI, S/O.SANJEEV CHETTIYAR, NEAR ODUVATHOOR GOVERNMENT K.P.S., KATTUPUTHOOR ROAD, ODUVATHOOR P.O., NAMAKKAL TALUK,T RAJAJI DIST., TAMIL NADU. 2. K. KUPPAIE, W/O. KUNDUSWAMI, 6/469, E.B. COLONY, PARAMATHI ROAD, NAMAKKAL, TAMIL NADU. 3. M/S. NATIONAL INSURANCE CO. LTD., NAMAKKAL BRANCH, 74-A, PARAMATHI ROAD, NAMAKKAL-637002, TAMIL NADU. 4. SURESH BABU, S/O. SADASIVAN, NEDIYAVILA VEEDU, VADASSERIKONAM DESOM, CHERUTHIYOOR VILLAGE. 5. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. BY SC SRI.MATHES JACOB (Sr.) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2008 ALONG WITH MACA NO.818 OF 2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.Nos.656 & 818 of 2005 --------------------------------- JUDGMENT Koshy, J. Appellant/claimant in M.A.C.A.No.656/05 sustained very serious injuries in a motor accident. Tribunal found that the accident occurred due to the negligence of the driver of the vehicle insured by the third respondent. Tribunal awarded a total compensation of Rs.1,94,176/- inclusive of medical expenses against a claim of Rupees Ten lakhs. Claimant filed M.A.C.A.No.656/05 disputing the quantum of compensation and the Insurance Company filed M.A.C.A.No.818/05 contending that compensation awarded was on the higher side. 2. PW2 doctor certified that claimant has 26% disability. He had ten fractures, as can be seen from the wound certificate. The fact that disability continued after one year as per the certificate shows that disability was permanent. MACA 656 & 818/05 2 However, Tribunal has awarded compensation for 18% disability. It is the contention of the claimant that he was an aided school teacher at the time of the accident and he was getting Rs.5,090/- as monthly salary. It is further contended that there was retrospective pay revision and he is entitled to yearly increments, future pay revisions, likelihood of promotions, etc. His future prospects were not considered. But the Tribunal did not even fix his monthly income at Rs.5,090/-. For calculating the compensation Rs.4,580/- was taken into consideration. According to the Insurance Company, he did not loose his job and therefore, compensation should not have been awarded. But, considering the fact that he is an aided school teacher, he can continue only up to the age of 55 years. He was only 30 years old at the time of the accident. He had got 25 years of service more. After retirement, if he is well he could continue teaching in private schools and take MACA 656 & 818/05 3 tuitions. Taking into consideration the future prospects and actual salary taken and also considering the fact that only reduced percentage of disability was fixed, we are of the opinion that no interference is required on the total compensation awarded. Hence, we dismiss the appeals filed by both sides. (J.B.Koshy, Judge) 4th November, 2008 (K.P.Balachandran, Judge) tkv