IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 MACA.No. 1531 of 2006() ----------------------- OPMV.1950/1996 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- T.S.BABU, AGED 39 YEARS, S/O.SIVASANKARAN, THEKKANATHU HOUSE, AYROOR PADAM P.O., VIA. KOTHAMANGALAM AND NOW RESIDING AT C/O.K.T.MOOKAMPIKA, PEREPARAMBIL HOUSE VENNALA P.O., COCHIN-25. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): --------------- 1. MADADALI, S/O.PEER BHAI, ST.COLONY, FAZALPURA, AURANGABAD, MAHARASHTRA STATE. 2. MOHAMMED ALI, S/O.JAFFER ALI, DADA COLONY, MOONDA ROAD, PARBHANI, MAHARASTHRA STATE. 3. THE ORIENTAL INSURANCE CO. LTD., BY ITS REGL. MANAGER, REGL. OFFICE, MUTHOOT TOWERS, M.G.ROAD, COCHIN-35. 4. KADAT ALI, S.T.COLONY, FAZILPURA, AURANGABAD. ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1531 of 2006 .................................................................... Dated this the 29th day of September, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. Appellant, then a Seaman in the Navy was accompanying personal goods which he was transporting in a goods vehicle on transfer from Visakh to Kerala. The truck went out of the road, hit a tree leading to injury to the appellant who was treated in two hospitals in Andhra Pradesh and later at the Naval Hospital in Cochin. In the compensation claim, appellant claimed a total compensation of Rs.7 lakhs under various heads. However, MACT limited the compensation at Rs.1,45,100/-. 2. The main contention raised by counsel is that percentage of disability certified by the Medical Board at 45% is reduced by the MACT to 10%. Counsel appearing for the Insurance Company contended that disability certified was found to be not tallying with the report of the Medical Officer at the Naval Hospital. Even though we find that the disability certified at 45% is exaggerated, still we feel limiting disability at 2 10% is not justified. One important aspect pointed out by counsel for the appellant is that on account of the disability, appellant was brought under low medical category which sealed his opportunities for promotion in the Executive cadre. The MACT found that the appellant's retirement is on completion of tenure and not on account of medical disability. We find some flaw in this finding because appellant's case that he had to retire voluntarily on account of lack of prospects in the Executive cadre is not seen considered or rejected by the MACT. In any case appellant has served initial tenure of 10 years and retired from service entitling him for pension. In view of the appellant's case that his voluntary retirement is on account of diminishing prospects in promotion and since appellant would be entitled to get a fairly good employment after retirement, we feel appellant is entitled to be compensated on account of the disability for future employment and earning. Since adequate materials are not on record with regard to subsequent employment, income earned etc. and the income earned by other persons in comparable cases, we feel only an adhoc addition is called for. We, therefore, grant an additional compensation of rupees fifty thousand in addition to the compensation already awarded by the MACT with direction 3 to the Insurance Company to deposit the additional compensation amount with interest at 7.5% p.a. from date of application till date of deposit. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms