IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 MACA.No. 963 of 2005() ---------------------- OPMV.501/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: ----------------------------------------- THRESSIAMMA THOMAS, W/O. THOMAS, KOTTEKKALI HOUSE, POOVATHUSSERY P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: ---------------- 1. M.J. GEORGE, MALIAKKAL HOUSE, ELANTHIKARA, N. PARAVUR. 2. THOMAS, S/O. VARKEY, KOTTEKKALI HOUSE, POOVATHUSSERY P.O. 3. MANAGER, NEW INDIA ASSURANCE CO.LTD., ALUVA ROAD, ANGAMALY. BY ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No.963 of 2005 ----------------------------------------- Dated this the 23rd day of September, 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. The appellant along with her husband who was driving the car sustained injuries when the car hit against a tree on the road side. Both the appellant and her husband got separate awards for compensation under various heads totally around Rs. 1 Lakh. The appellant was a lecturer at the time of accident and was aged around 46 years of age. The counsel for the appellant contended that considering the disability Certificate issued by the Doctor, the compensation for disability granted is inadequate. However the appellant has no case that the accident affected her employment as a lecturer in any way and the same has lead to any reduction of her pay . Similarly after retirement she will be entitled to enjoyment of the pension in accordance with the Pension Rules. Though the accident led to injury and partial disability, the appellant's earning power is in no way affected as a lecturer and she continues to be so. We do not find any ground to increase the total compensation awarded by the Tribunal even though the counsel contended that that compensation given under the head for loss of pay is very low.. We therefore dismiss the appeal. (C.N.RAMACHANDRAN NAIR,JUDGE ) (HARUN-UL-RASHID, JUDGE) es. M.A.C.A. No.963 of 2005 -2- C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------- M.A.C.A. No. 963 of 2005 -------------------------------- JUDGMENT 22nd August, 2008