High Court Kerala High Court

C. Ramesh vs Mohan Kumar on 25 July, 2008

Kerala High Court
C. Ramesh vs Mohan Kumar on 25 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1466 of 2006()


1. C. RAMESH, AGED 52,
                      ...  Petitioner

                        Vs



1. MOHAN KUMAR,
                       ...       Respondent

2. SASIKUMARAN UNNITHAN, S/O.SANKARAN,

3. THE NEW INDIA ASSURANCE COMPANY LIMITED,

                For Petitioner  :SRI.R.T.PRADEEP

                For Respondent  :SRI.P.G.GANAPPAN

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :25/07/2008

 O R D E R
                     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
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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
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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/-