IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 MACA.No. 1917 of 2005(D) ------------------------------------- OP(MV).981/1994 OF II ADDL. M.A.C.T., KOZHIKODE . .................... APPELLANT/ 3RD RESPONDENT: ------------------------------------------------ THE NEW INDIA ASSURANCE COMPANY LIMITED, THENCHIPALAM NOW REPRESENTED BY ITS ASSISTANT ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G. ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB (SR.). RESPONDENT: --------------------- VIJAYAN. C., S/O. ANDIKUTTY, CHIRAKKAL HOUSE, NALLALAM POST, CALICUT-673 027. BY ADV. SRI.THOMAS ANTONY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 1917/2005-D: ORDER ON I.A. NO. 3481/2005 IN M.A.C.A. NO. 1917/2005-D DISMISSED SD/- J.B.KOSHY, JUDGE, 21/11/2008. SD/- THOMAS P.JOSEPH, JUDGE. //TRUE COPY// P.S. TO JUDGE. prv. J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- M.A.C.A. No.1917 of 2005 --------------------------------------- Dated this the 21st day of November, 2008 Judgment Koshy,J. In this appeal, the insurance company challenges the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Kozhikode in O.P.(M.V.) No.981 of1994. Respondent in the appeal (claimant before the Tribunal) was a Fireman-cum-Fitter. He sustained fracture, neck of right humerus resulting in stiffness of hand and shoulder, right. He was absent from duty from 20.8.1993 to 15.12.1995. He was a Fireman-cum-Fitter in a Steel Complex. It is a Government undertaking. The doctor certified that analytical physical disability is only 3%, but, at the same time, the doctor also certified that he will be unable to do the work of Fireman-cum-Fitter. Loss of earning capacity was not assessed. PW2, doctor certified the disability as 45%. Medical Board certified 3% physical disability, but, found that he is unable to move his right hand and do any work with his right hand. According to the appellant, he suffered 100% loss of earning capacity. Yet, the Tribunal has taken only 3% disability for assessment of compensation. Ext.A10 salary M.A.C.A.No.1917/2005 2 certificate was produced to show that his monthly income is Rs.2,521/-. Compensation granted for permanent disability and loss of earning capacity is Rs.11,798/-. He was absent from duty for more than 28 months and was under continuous treatment, including physiotherapy. Major part of the award was for loss of actual earnings during the loss of pay leave period. Since he was on leave for treatment, he was compelled to take VRS and he lost the job. The Tribunal has awarded a total compensation of Rs.1,19,386/- inclusive of medical expenses and loss of actual earnings. Considering the prolonged treatment and the fact that he was on leave for 28 months and took VRS and also considering the nature of skilled job he was doing which is substantially affected by lack of mobility of right hand, we are of the opinion that compensation awarded is not unreasonable so as to get interference by this court. Claimant has not filed any appeal. Appeal filed by the insurance company is dismissed. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.A.C.A.No.1917/2005 3 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.A.C.A.No.1917/2005 ------------------------------------- Judgment Date:21st November,2008