C.K. RAVI Vs. MOHAMMED MANSOOR AND ORS.

JUDGEMENT

(1.) IN this appeal filed by the claimant he is aggrieved by the inadequacy of the compensation. The appellant claimed a total compensation of Rs. 4.62 lakhs for the injuries sustained by him on 6.4.2009. He was riding a motorcycle bearing registration No. KL -57 -5380 from Madavoor to Perinthalmanna and when he reached the place at Kottilangadi it was hit by a bus bearing registration No. KL -09 -J -7427. Serious injuries were caused to him and he was taken to the Government Hospital, Manjery and from there he was referred to the Medical College Hospital, Kozhikode. He continued the treatment up to 4.5.2009. Again he was taken to the Al Shifa Hospital, Perinthalmanna on 27.5.2009 and he was discharged on 15.06.2009.

(2.) MAINLY the learned counsel for the appellant submitted that the lesser amount of compensation granted towards permanent disability to the tune of 49% is not fully correct. It is submitted that he is a permanent employee with the B.S.N.L. Perinthalmanna as a Telecom Mechanic. He was aged 49 as on the date of the accident and was having monthly salary of Rs. 17,808/ -. The Tribunal adopted a notional income at Rs. 1,500/ - for calculating the amount of compensation after retirement. While doing so, the Tribunal was of the view that after the accident he is still continuing in service and he is drawing the salary and other benefits and therefore the disability suffered by the appellant has not affected his earning capacity. The Tribunal proceeded to state that his earning capacity after retirement will be affected. It is submitted by the learned counsel for the appellant that the true tests for determining compensation in case of physical injury have not been considered by the Tribunal.

(3.) WE cannot agree with the same. Physical injury itself is liable to be compensated which is the well settled principle for assessing the compensation in personal injury cases. Of course, the person who suffered the accident and has sustained serious injuries is entitled to be granted general damages under the head of pain and suffering, compensation for permanent disability, loss of earning capacity, and for loss of amenities of life. Thus the components for granting the compensation will include the compensation for permanent disability as well as for loss of earning capacity. Going by the decision of the Apex Court in Kavita v. Deepak and Ors. [ : (2012) 8 SCC 604] the appropriate principle will have to be adopted in this case also. We extract herein below paragraph 19 of the said judgment: