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.
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M.A.C.A. NO. 1466 OF 2006
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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/-