IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 MACA.No. 7 of 2006 ---------------------------- OPMV.141/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................................. APPELLANT/PETITIONER IN M.V.O.P: --------------------------------------------------- SASIDHARAN, S/O. KUNJUKARTHA, AGED 37, MULLAPALLY HOUSE, MANALUR VILLAGE, THRISSUR TALUK, THRISSUR DIST. BY ADV. SRI.U.O.JOSE RESPONDENTS: RESPONDENTS IN M.V.O.P: ------------------------------------ 1. RAJAN P.V., S/O. VARGHESE, PALAYOOR HOUSE, OLLUKKARA VILLAGE, NELLIKUNNU DESOM, THRISSUR TALUK. 2. THE ORIENTAL INSURANCE COMPANY LIMITED, P.B.NO.158, MAHESWARI BUILDING, M.G. ROAD,THRISSUR R2 BY ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/03/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.T.SANKARAN, JJ. -------------------------------------- M.A.C.A.No.7 OF 2006 ------------------------------------- Dated 18th March, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained injuries in a motor accident. There was fracture of nasal bone and fracture of left radius etc. He was an employee of Laksmi Mills. He continued in employment except for a brief period. The main contention raised by the appellant is that only Rs.8,000/= was awarded for actual loss of earnings during the period of unemployment. According to him, he would have earned Rs.9,467/= during that period. But, since he is an E.S.I covered employee, we are of the opinion that no additional amount need be paid during that period as he has received sickness benefit during that period. However, we note that Tribunal awarded only Rs.6,000/= for permanent disability and loss of earning power. After retirement also his earning power will be affected as he can take up other jobs after official retirement. Apart from the above, he has to suffer the disability till the end of his life. Considering the fracture of nasal bone, fracture of radius etc. we are of the opinion that Tribunal ought to have awarded Rs.10,000/= instead of Rs.6,000/= for disability and loss of earning power. So, the claimant is entitled to an additional amount of Rs.4,000/= under that head. Considering the total compensation awarded, no enhancement is needed MACA.7/2006 2 in the compensation awarded under other heads. The additional amount of Rs.4,000/= should be deposited by the second respondent insurance company with 7.5% interest from the date of application till its deposit, over and above the amount decreed by the Tribunal. On deposit of the amount, appellant is allowed to withdraw the same. The appeal is allowed in part. J.B.KOSHY JUDGE K.T.SANKARAN JUDGE tks