IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 MACA.No. 2114 of 2006() ----------------------- OPMV.2110/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER ----------------------------------- SANDHYA, W/O. KRISHNAKUMAR, 15/661, VATILKATTU HOUSE, KUTTANKULANGARA LANE, P.O.PUNKUNNAM, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS --------------------------- 1. UNION OF INDIA, REP. BY GENERAL MANAGER, SOUTHERN RAILWAY, SOUTHERN RAILWAY HEAD QUARTERS, CHENNAI-600 003. 2. STATION MASTER, SOUTHERN RAILWAY, KARUR RAILWAY STATION, P.O.KARUR, TAMIL NADU. 3. GENERAL MANAGER, SOUTHERN RAILWAY, SOUTHERN RAILWAY HEAD QUARTERS, CHENNAI-600 003. ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS FOR R1TOR3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON 09/01/2009 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.N.RAVINDRAN, JJ. .................................................................... M.A.C.A. No.2114 of 2006 .................................................................... Dated this the 9th day of January, 2009. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel for Railways. The appeal is filed for enhancement of compensation for the injury sustained by the appellant in an accident involving Railways. The vehicle in which the appellant was traveling, crashed against a running train on account of the Railways' failure to close the gate. The accident led to death of 26 persons and injury to some, one of whom was the appellant. The main grievance of the appellant is that inspite of 15% permanent disability suffered by the appellant, no compensation is granted for permanent disability. However, counsel for the Railways contended that the appellant suffered only a fracture of the shaft of femur which was rectified and therefore, appellant has not suffered any permanent disability. Admittedly the appellant was in the hospital for nearly a month. Even though fracture would have been rectified, we feel the appellant will be entitled to compensation for 2 the reduction in earning power on account of the injury sustained. However, since the appellant was not employed, though qualified to work as a Lab Technician, we grant a consolidated additional compensation of Rs.25,000/- to the appellant, which will carry interest at the rate of 7.5% p.a. from date of application till date of payment. The appeal stands allowed as above. C.N.RAMACHANDRAN NAIR Judge P.N.RAVINDRAN Judge pms