IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 MACA.No. 178 of 2004(G) ----------------------- OPMV.1099/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER: ------------------- K.T.XAVIER, S/O. THOMAS, KOCHUPARAMBIL HOUSE, THRIKKAKARA, ALWAYE-683 104. BY ADV. SMT.ANNIE PAUL SRI.PHILIP J.VETTICKATTU RESPONDENTS: RESPONDENTS: ------------------------- 1. K.V.MOHAMMEDKUTTY, S/O. VAVUKUTTY, KALATHUMPADICKAL HOUSE, U.C.COLLEGE, ALWAYE-683 102. 2. IYPE JOSEPH, S/O. JOSEPH, PANKIATH HOUSE, VYTTILA, KOCHI-17. 3. M/S. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, 1ST FLOOR, K.A.P. COMMERCIAL CENTRE R.S.ROAD, ALUVA. BY ADV. SMT.P.K.SANTHAMMA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 178 OF 2004 --------------------- Dated this the 27th day of May, 2008 JUDGMENT This appeal is preferred against the award of the Additional Motor Accident Claims Tribunal, Ernakulam, in OP(MV) No.1099/97. The appellant/claimant sustained fracture of mandible left and fracture of a tooth. He had expended Rs.12,000/- for treatment. Documents are produced to show that he was on leave on account of the injury sustained by him for a period of 84 days. He had also produced documents to show that he used to earn about Rs.3,600/- per month. The Tribunal fixed the income at Rs.2,000/- and awarded him Rs.4,000/- for two months as loss of earning. When there is materials to show that there is a salary of Rs.3,600/-, the court should have accepted the same and also should have paid the loss of income for 22 days as he was on leave for almost 84 days. When that is calculated he is entitled to an additional compensation of Rs.5,840/- which I round as Rs.6,000/-. For all other heads, the Tribunal has awarded just and reasonable compensation, which does not call for any interference. MACA NO.178/04 2 Therefore, the MACA is partly allowed. The claimant is awarded an additional compensation of Rs.6,000/- with 7% interest on the said sum from the date of petition till realisation from the respondents jointly and severally. The Insurance company is directed to deposit the amount within a period of 60 days from today. M.N.KRISHNAN, JUDGE vps MACA NO.178/04 3 MACA NO.178/04 4