IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 MACA.No. 898 of 2008() ---------------------- OPMV.1948/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ------------------------------------------ DR.K.D.JOHN, AGED 46 YEARS, S/O T.J.DAVID, KAYYAALA KALAYIL HOUSE, THALAYOLAPPARAMBU, VAIKOM. BY ADV. MR.P.M.JOSHI RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. THOMAS P.K, AGED NOT KNOWN, S/O.NOT KNOWN, THATTAPARAMBIL, AMBIKA MARKET, VECHOOR, KOTTAYAM DISTRICT. 2. JEENOY, AGED 28 YEARS, S/O.THOMAS THATTAPARAMBIL, AMBIKA MARKET, VECHOOR, KOTTAYAM DISTRICT. 3. UNITED INDIA INSURANCE CO., LTD, DIVISIONAL OFFICE, KOTTAYAM. R3 BY ADV. MR.T.J.LAKSHMANAN IYER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.898 OF 2008 ............................................. Dated this the 25th day of September, 2009 J U D G M E N T Since the accident and policy is admitted, notice to respondents 1 and 2 is dispensed with for the reason that they have remained ex parte before the trial court. 2. This is an appeal preferred against the award of the Claims Tribunal, Kottayam in OP(MV)No.1948/2004. The claimant a veterinary doctor in the Government service, aged 43 years, sustained injuries in a road accident and the Tribunal has awarded a total compensation of Rs.34,000/= with 7% interest. It is against that decision, the claimant has come up in appeal. 3. Heard the learned counsel for the claimant as well as the insurance company. A perusal of the award would reveal that the claimant had sustained a fracture of Ulnar with a pre patellar haemotoma of the left knee. A disability certificate of 11% had been produced which indicates shortening of the radius by 1.5 cms. It is also evident from Ext.A8 that he was on commuted leave for 30 days from : 2 : M.A.C.A.NO.898 OF 2008 29.3.2004 and 27.4.2004 and he was getting a salary of Rs.12,950/=. Being a doctor in the Government Veterinary Service there would not be any loss of earnings till the age of 55 which is the date of retirement of a Government servant. But after retirement, being a competent doctor he will be able to practice and certainly shortening of the Ulnar would cause handicap to him especially for the reason that he has to treat the animals. Therefore I feel, in the fitness of things 6% can be taken as disability and income at Rs.3,000/= and multiplier of 9 which would entitle him to get a disability compensation of Rs.19,440/=. Since he had sustained shortening of the hand, certainly it will cause handicap to him in his day to day life as well as in discharge of his professional duty. Therefore, towards loss of amenities and enjoyment, I am inclined to grant a sum of Rs.7,000/=. Thus, the claimant will be entitled to a total compensation of Rs.26,440/= under the head of disability and loss of earnings, the Tribunal has already granted Rs.12,000/=. Therefore, the additional compensation under that head will come to Rs.14,440/=. 4. There were documents available before the Tribunal to show that the claimant had taken out leave for 30 days. : 3 : M.A.C.A.NO.898 OF 2008 His salary is also shown as Rs.12,950/=. But the Tribunal has awarded him only a sum of Rs.6,000/= towards of loss of earnings. When a person on account of the injury sustained in an accident is forced to take leave, it may become necessary for him at a later time to take leave. He may have to take leave of loss of pay which would certainly result in loss of earnings to him. Since his salary is Rs.12,950/= and Rs.6,000/= is already awarded, the claimant will be entitled to an additional compensation of Rs.6,950/= under that head. For all other heads adequate compensation has been granted and therefore, the claimant will be entitled to an additional compensation of Rs.21,390/=. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.21,390/= with 7% interest on the said sum from the date of the petition till realisation and the respondent insurance company is directed to deposit the same within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE cl : 4 : M.A.C.A.NO.898 OF 2008 : 5 : M.A.C.A.NO.898 OF 2008