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 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 MACA.No. 1584 of 2005() ----------------------- OPMV.2274/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- VELAYUDHAN N.T. S/O.THIRUVANCHAN, NELLIKUNNATH VEEDU, NETTOOR P.O. MARADU. BY ADV. SRI.K.JANARDHANAN SRI.MANURAJ. K.J RESPONDENT(S): RESPONDENTS. --------------------------- 1. SRI.P.I.KESAVAN, POVESSERY HOUSE, CHAKKARAPPADOM P.O. PERINGANANM, IRINJALAKUDA. 2. SRI.CHANDRASEKHARAN, PUTHENPURAYIL VEETTIL, VENMANIKKARA, THIRUVANIYOOR. 3. THE NATIONAL INSURANCE CO.LTD., BRANCH PERUMABVOOR. 4. SAIDALI, KOTTAYIL HOUSE, PUNNATHALA P.O. TIRUR. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1584 of 2005 .................................................................... Dated this the 22nd day of September, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel appearing for the Insurance Company. The appeal is for enhancement of compensation for the injury sustained to the appellant in a motorbike accident. The appellant sustained injury in the accident at the time he was working as a Police Constable. The case of the appellant is that he was in the hospital for nearly an year and substantial amount of the compensation awarded is towards reimbursement of medical expenses. There is nothing to indicate that the appellant has not claimed any reimbursement of medical expenses from the Government. In any case there is no need for us to consider this issue which was not raised by the Insurance Company before the MACT. Even though counsel for the appellant submitted that appellant is entitled to compensation for disability from date of accident, there is nothing to indicate that accident caused any loss of pay or reduction in rank or otherwise affected employment prospects of the appellant in the Police Department where he was serving. Therefore, compensation for loss of 2 earning has to be granted only from the date of retirement. We do not think the claim of 50% disability is tenable because with 50% disability appellant could not have continued in the active service of the Police Department. We, therefore, fix the disability at 30% and rework compensation for disability after retirement by fixing the monthly income at Rs.3,000/- by applying multiplier 8 instead of 3 applied by the MACT. This will entitle the appellant for a compensation of Rs.86,400/- as against Rs.54,000/- granted by the MACT under this head. The Insurance Company is directed to deposit the additional compensation with interest at 7.5% from date of application till date of deposit. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms