IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 MACA.No. 1718 of 2007(F) ----------------------- OPMV.646/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- P.VIJAYAN, S/O PAZHANIKUTTY, MURIKKAVU, WEST YAKKARA, PALAKKAD. BY ADV. SRI.C.RAGHAVAN RESPONDENT(S): RESPONDENTS -------------------------- 1. V.SHYLAJA, W/O BABURAJ, C.K.KALAM, PYLOOR P.O., KOLLANGODE, CHITTUR TALUK. 2. V.SUNDARARAJAN, S/O M.VELUSWAMY KOUNDER, PARAMANCHALL NATTUKAL P.O., KOZHINJAMPARA, CHITTUR TALUK. 3. UNITED INDIA INSURANCE CO. LTD., G.B.ROAD, PALAKKAD. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. NO: 1718 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th Day of August, 2009. JUDGMENT K. M. Joseph J. The appellant is the claimant in a petition filed under Section 166 of the Motor Vehicles Act aggrieved by the quantum of compensation awarded. The Tribunal has awarded a compensation of Rs.26,250/- against the claim of Rs.3,26,000/-. The appellant was working as a police constable and was aged 40 years. The date of the accident is 12.1.2000. He was in hospital for 8 days, as inpatient. The Tribunal has awarded Rs.10,000/- towards pain and suffering, Rs.5,000/- towards loss of amenities, Rs.8,350/- towards medical expenses, and certain other amounts, thus in total an amount of Rs.26,250/- 2. Learned counsel for the appellant would point out that the Tribunal has erred in not awarding compensation to the appellant for M.A.C.A . NO: 1718 OF 2007 :2: 70 days of commutted leave, which he had availed. He would further point out that he had produced certificate showing the disability of 20%. but no amount is awarded against disability and he has been awarded only Rs.5,000/- towards loss of amenities. 3. Learned counsel for the respondent, Insurance Company supported the award. 4. As far as the question of compensation for commutted leave is concerned, we are of the view that the Tribunal has erred in not awarding the compensation. The leave was availed due to the injuries sustained by him in the accident. We are of the view that an amount of Rs.13,213/- is to be awarded for the same. 5. The appellant had produced disability certificate showing his disability. No amount is awarded towards disability. The reason for not awarding any amount under this head is that the appellant rejoined duty and is continuing in the department. It is true that the appellant rejoined duty. But with regard to the disability at 20%, it would affect the earning capacity after retirement. He will retire at the age 55 years. We accept eight as the multiplier. We feel that we can safely fix his income M.A.C.A . NO: 1718 OF 2007 :3: as Rs.2,000/- per month, after retirement. We feel that we can take 8% as the disability. If that is so, the amount will be Rs.28,880/- (rounded of to Rs.29,000/-). We award Rs.2,000/- more towards loss of amenities. Thus the appellant is allowed to realise an amount of Rs.44,000/- more. The amount already awarded by the Tribunal will also bear interest at the rate of 7.5% in place of 6%. 6. Accordingly, the appeal is allowed partly and the appellant is allowed to realise an amount of Rs.44,000/- more along with interest at the rate of 7.5% interest from the date of petition till the date of realisation from the respondents. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/