IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 MACA.No. 1466 of 2006() ----------------------------------- OPMV.987/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANT: ------------------ C. RAMESH, AGED 52, S/O.K.CHAKRAPANI, T.C.16/1471,WEST OF D.P.I OFFICE JAGATHI, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: RESPONDENTS: ------------------------- 1. MOHAN KUMAR, T.C.16/1778, SRE GOPAL, THYCAUD,NEAR D.P.I.OFFICE, JAGATHI, THIRUVANANTHAPURAM. 2. SASIKUMARAN UNNITHAN, S/O.SANKARAN, GANGA BHAVAN, BEHIND G.P.O. PULIMOODU, THIRUVANANTHAPURAM. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, THIRUVANANTHAPURAM, REPRESENTED BY THE DIVISIONAL MANAGER. BY ADV. SRI.P.G.GANAPPAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1466 OF 2006 = = = = = = = = = = = = = = = Dated this the 25th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thiruvananthapuram in O.P.(MV) 987/98. The claimant, an employee of a Bank, aged 42 years sustained injuries in a road accident. A perusal of the award would reveal that he had sustained a fracture on the greater trochantor left humerus with shoulder dislocation. He was admitted in a private hospital and the Tribunal awarded him a compensation of Rs.45,450/-. The learned counsel for the appellant would submit that the Tribunal has only granted permanent disability compensation after the age of retirement. It is true that there will not be any actual loss of earnings till the age of retirement. But being an experienced Bank clerk he will be able to do some work after retirement as well. So I fix Rs.2,500/- as his income after retirement instead of Rs.1,800/- and when compensation is calculated it would come to Rs.7,500/- out of which M.A.C.A. 1466 OF 2006 -:2:- Rs.5,400/- has been granted. Therefore the claimant will be entitled to an additional compensation of Rs.2,100/- under that head. 2. It has to be remembered that the disability compensation is not calculated from the date of accident but only after his retirement and he was only aged 42 years at the time of the accident. For the remaining 18 years of service he had been given only Rs.10,000/- for loss of amenities which also can be slightly enhanced by Rs.2,000/- and therefore the claimant will be entitled to an additional compensation of Rs.4,100/-. 3. So far as the interest is concerned the insurance company cannot be saddled with the liability on the negligence of the clerk of the Advocate and therefore during that period, i.e. from 6th January, 2003 till 30-6-06 the claimant will not be entitled to any interest on the additional some. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of M.A.C.A. 1466 OF 2006 -:3:- Rs.4,100/- with 7% interest on the said sum from the date of petition till 6th January, 2003 and from 1-7-2006 till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-