IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 MACA.No. 1974 of 2005() ---------------------------------- OP(MV) NO.390/2002 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THODUPUZHA. ...... APPELLANT/PETITIONER: ------------------- JOSEPH, S/O. THOMAS, VADAKKEKARA HOUSE, KARIMANNOOR VILLAGE, KARIMANNOOR KARA, THODUPUZHA TALUK. BY ADV. SRI.P.NOOR SEMIR RESPONDENTS: RESPONDENTS: ------------------------ 1. BABY JOSE, NADUVAKUNNEL HOUSE, NEDIYASALA P.O.,THODUPUZHA. 2. ORIENTAL INSURANCE CO. LTD., THODUPUZHA. BY ADV. DR.ELIZABETH VARKEY - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1974 OF 2005 = = = = = = = = = = = = = = = Dated this the 19th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)390/02. The claimant, a school teacher by profession, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.16,640/-. It is against that decision, the present appeal is preferred. 2. Heard the counsel for both sides. Learned counsel for the appellant would contend that the Tribunal after a finding that he is entitled to have two months loss of income and after finding that he is having a salary of Rs.7,500/- only granted a sum of Rs. 4,000/- towards loss of earnings. Similarly, it is contended by him that towards loss of amenities absolutely no amount has been granted to the petitioner who had suffered a fracture of the spine. There is some force in the said contention. A document made available for perusal would show that he was on half-pay- M.A.C.A. 1974 OF 2005 -:2:- leave for 31 days from 1.1.02 to 31.1.02 and on commuted leave for 32 days from 1.2.02 to 4.3.02. It is true that even half-pay-leave can be commuted thereby there will be no loss of salary as such. But here is a case where he was not able to commute half-pay-leave for want of sufficient number of those leaves. The principle underlying grant of compensation under that head is that when a person is forced to take leave on account of the injuries sustained in a road accident and when a necessity arises for him to take leave on account of the non availability of the leave which had already taken on account of the accident he would be forced to take loss of pay leave and that is why the Courts have held that in such cases compensation has to be given for the leave taken as well. Here it is evident from the certificate that he was not having sufficient number of half- pay-leave to be commuted and further being a teacher by profession he did not have earn leave as well since he is a person working in the vacation department. Therefore I feel the Tribunal has erred in only granting Rs.4,000/-. At least it would have granted a month's salary and therefore I M.A.C.A. 1974 OF 2005 -:3:- enhance it by Rs.3,000/-. 3. The medical records would reveal that he had sustained a fracture of the lumbar spine and was an inpatient in the hospital for five days but was forced to take leave for almost two months. Certainly there would have been loss of amenities and enjoyment in life to him as well as temporary disability and for that I award him a compensation of Rs.5,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.8,000-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-