NATIONAL INSURANCE CO LTD Vs. ANOOPKUMAR

JUDGEMENT

(1.) THE insurance company in O.P.(M.V).No.1361/2008 before the Motor Accidents Claims Tribunal, Kozhikode, has come up in appeal challenging the quantum of compensation awarded by the Tribunal in the said O.P. filed by the 1st respondent herein, claiming compensation for the injuries and consequent disability suffered by the 1st respondent in an accident caused by the negligent driving of a vehicle owned and driven by the 2nd respondent, which vehicle was insured with the appellant. The Tribunal, after finding negligence on the part of the 2nd respondent in driving the vehicle, which caused the accident, awarded compensation under various heads as follows: <FRM>JUDGEMENT_266_KERLT1_2014.htm</FRM> ? The appellant challenges the award of compensation under the head, 'permanent disability'.

(2.) THE contention of the appellant is that the 1st respondent is a Statistical Investigator Grade I under the Government of Kerala. He was aged 32 years at the time of accident on 17.5.2008. The disability certificate certified that he suffered 10% whole body disability. The Tribunal awarded compensation for loss of earning capacity taking the income of the 1st respondent as Rs. 6,840/ - per month and adopting 17 as the multiplier. The appellant contends that the Tribunal could not have awarded any compensation under that head. Although the Tribunal describes the amount awarded as compensation for permanent disability, from the calculation, it is clear that what is awarded is compensation for loss of earning capacity. The contention is that the 1st respondent has no case that as a result of the disability suffered by him on account of the injuries in the accident, he lost his employment or that his salary has been in any way reduced. In fact, he did not adduce any evidence whatsoever even to the effect that his future prospects in his employment has been impaired in any manner because of the disability. In such circumstances, the Tribunal could not have awarded compensation for loss of earning capacity, which actually the Tribunal did, but under the head, 'permanent disability'. The appellant, therefore, seeks deduction of the said amount from the total compensation awarded by the Tribunal.

(3.) WE have considered the rival contentions in detail.