IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 MACA.No. 956 of 2007(B) ------------------------------- OPMV.1608/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER : ------------------------------- L.GOPALAKRISHNAN, AGED 53 YEARS, SON OF R.RANGASWAMY, H.NO.31/1246, SAHAKARANA ROAD PONNURUNNI, COCHIN 682 019. BY ADV. SRI.ANIL S.RAJ SMT.MANJUSHA MOHANDAS SRI.ANILA PETER RESPONDENTS/RESPONDENTS : --------------------------------------- 1. KOSHY K. S/O.CHACKO KOSHY, 37/1075, ELAMKULAM ROAD, KALOOR (PO), COCHIN 682 017. 2. THE ORIENTAL INSURANCE COMPANY LIMITED, DEEPTHI BUILDINGS, PALLIMUKKU, COCHIN 682 016. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, COCHIN - 682 016. BY ADV. SRI.VPK.PANICKER - R2 SMT.P.K.SANTHAMMA - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ------------------------------ M.A.C.A.No. 956 of 2007 ------------------------------ Dated this the 13th day of August, 2008 JUDGMENT This appeal is preferred against the award of Additional Motor Accidents Claims tribunal, Ernakulam in O.P(MV) No.1608 of 2000. The claimant, a constable working in Railways sustained injuries in a road accident. The tribunal awarded a compensation of Rs. 25,397/-. It is aggrieved by that decision, the claimant has come up in appeal. Heard both sides. A perusal of the award would reveal that the claimant sustained fracture on the right clavicle, fracture neck of scapula right, bleeding from the nose, right black eye, contusion right eye and some lacerated wounds over the right foot and knee. He was treated as an inpatient in the hospital and the tribunal awarded compensation. Learned counsel would contend that the tribunal failed to take note of Exhibit A5 certificate granted, which would indicate that he was on half pay leave which was commuted for the period of 3 months from 5/03/2000 to 02/06/2000. His basic pay plus dearness M.A.C.A.No. 956 of 2007 Page numbers allowance comes to Rs. 6710 per month. So there are materials to show that he had availed leave on account of the injuries sustained in the accident, but whether there was necessity to take three months leave also is a matter that would have proved by the person. Here the fracture sustained is fracture on the clavicle and another fracture on the neck of scapula right . No surgical intervention was there i.e nothing to show about the mal union of the fracture or callous formation on the fracture site. So under ordinary circumstances, in such cases we can reasonably fix absence of duty for a period of six weeks. Therefore , I reduce the leave period to six weeks for the purpose of awarding compensation. It is a settled principle that when a person is forced to take leave on account of injuries sustained in an accident, the situation may arise that when he wants to take leave later, he may have to enter on loss of pay leave etc. In such situations, the courts have held that compensation for loss of leave has to be granted for six weeks at the rate of Rs. 6,070/- per month. I award an additional compensation of Rs. 10,000/-. So far as the other compensation heads are concerned, they appear to be just and proper and does not call for any inference. M.A.C.A.No. 956 of 2007 Page numbers In the result, this M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 10,000/- with 6 % interest on the said sum from the date of petition till realisation. The third respondent, Insurance Company is directed to deposit the amount within a period of 60 days from the date of receipt of copy of the judgment. M. N. KRISHNAN, JUDGE scm