IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 MACA.No. 958 of 2005() ---------------------- OPMV.90/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER ---------------------------------- M.K.BALAN, S/O.KRISHNAN, AGED 53, HAVING RESIDENCE AT MANNATH HOUSE, PAPPADI, DHONI P.O., PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: RESPONDENTS -------------------------- 1. VENKITESAN, AGED 30 YEARS, S/O.BALARAMACHANDRAN, 11/250, HARIKKARA STREET, PALAKKAD. 2. BABU, AGED 32 YEARS, S/O.CHANDRASEKHARAN NAIR, BABU NIVAS, NEAR SIVAN COVIL, PIRAYIRI PALAM, PALAKKAD. 3. UNITED INDIA INSURANCE CO LTD., PALAKKAD. ADV. SRI. MATHEW JACOB (SC FOR R3) RESPONDENTS 1 AND 2 ARE DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 30.9.2008 IN I.A. NO. 1830 OF 2005. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 958 OF 2005 --------------------------------------------------------- Dated this the 30th day of September, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV) No. 90 of 2001 for the injury sustained by the appellant in a road accident. 2. We have heard counsel appearing for the appellant and Sri. Mathew Jacob who appeared for the Insurance Company at our request. 3. Disability certificate was issued by the doctor for the serious injuries sustained by the appellant on one of his legs which shows 15% permanent disability. However, the Tribunal reduced disability to 7% and granted compensation by taking into account loss of opportunity in future employment after retirement of the appellant from service. Counsel for the appellant produced before us two photographs of the appellant which shows that his right leg is absolutely damaged and incapable of recovery M.A.C.A. NO.958/2005 2 to normal condition. Going by the condition of his leg, we do not think that he will be in a position to take up any serious employment after retirement from service, though defence personals are much sought after in the employment market for more than one reason. In the first place, defence personals are well disciplined and secondly, reemployment to retired persons do not involve any long term liability for the employer. Therefore, we feel that the appellant is entitled to compensation for loss of earning power. 4. Counsel for the Insurance Company pointed out that the appellant has not produced any records to show that he suffered any loss of salary after the accident or loss of promotion prospects in service. Appellant admittedly was a Lansnaik in the Army and was left with two years' service at the time of the accident. Therefore, probably the accident would not have affected his salary or promotion prospects. In any case, having regard to the disability for post retirement employment, we fix permanent disability at 15% and monthly income at Rs.5,000/- to work out compensation for loss of earing power. This will lead to an enhanced compensation under this head from Rs.32,500/- to Rs.99,000/- which is rounded to Rs.1,00,000/-. Even though no evidence is available for loss of salary, we feel that the appellant is entitled to compensation for loss of M.A.C.A. NO.958/2005 3 salary which we estimate at Rs.15,000/-. Similarly, for loss of enjoyment in life on account of the permanent disability, we grant compensation of Rs.15,000/-. The Insurance Company is directed to deposit the additional compensation with interest at the rate of 7 1/2 % from the date of petition till date of payment. The appeal is allowed to the above extent. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO.958/2005 4 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 958/2005 JUDGMENT 30th September, 2008