BALAKRISHNAN Vs. RAJEEV AVARONNAN AND ANOTHER

JUDGEMENT

(1.) It was on 9.5.2011 the accident. It was a collision of a car and a motorbike. The appellant was the biker. The car was driven rashly and negligently. The appellant sustained serious injuries including head injuries. The car was owned by the 1st respondent. It was insured with the 2nd respondent. The above are facts either admitted or proved.

(2.) Heard Sri. C.M. Mohammed Iquabal, the learned counsel for the appellant and Smt. K.S.Santhi, the learned counsel for the 2nd respondent.

(3.) The appellant was 58 years old at the time of the accident. He was then working as the assistant provident fund commissioner. He had a monthly salary of Rs. 43,000/-. There was no loss for him in his earnings. He retired from service almost two years after the accident. Till retirement he did not have any loss of earnings. He gets pension after his retirement. There can be no reduction in his pension. The disability assessed in his case does not affect his salary and pension. Therefore what the tribunal did was to grant compensation for permanent disability fixing the notional income for the period after the retirement. I do not find fault with the tribunal.