IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 MFA.No. 575 of 2001() --------------------- OPMV.2536/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT: PETITIONER:- ----------- R.AMBUJAKSHAN, S/O.N.RAMAKRISHNAN NAIR, AGED 53 YEARS, ARUNALAYAM, MUZHUKUNNU AMSOM, DESOM, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.P.V.SURENDRANATH SRI.P.P.SUDHEER RESPONDENTS: RESPONDENTS:- ------------- 1. M.PRAKASAN, S/O.VALAVANNAN CHATHU, PUTHIYAPURAYIL HOUSE, MUZHUKUNNU AMSOM, DESOM, THALASSERY TALUK, KANNUR DISTRICT (DRIVER OF KL-10 D/2733) 2. M.K.MARAKKAR, S/O.MOHAMMEDKUTTY, FIROZ MANZIL, P.O.MONGOM, MALAPPURAM DISTRICT (OWNER OF KL 10 D/2733) 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, P.B. ROAD, R.S.PURAM, COIMBATORE (INSURER OF KL 10 D/2733) THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. ------------------------------------------------ M.F.A. No.575 of 2001 ------------------------------------------------ Dated this the 25th th day of January, 2008 JUDGMENT Koshy, J: Appellant-claimant sustained serious injuries in a motor accident due to the negligent driving of the vehicle by the first respondent. The vehicle was insured by the 3rd respondent Insurance Company. He claimed a compensation of Rs.2,32,784/-. The Tribunal awarded Rs.42912/- with interest and cost. The only question is regarding the quantum of compensation. 2. Claimant was 48 years at the time of accident. He was working as Headmaster of a U.P. School. The medical certificate shows that there was fracture and dislocation of right shoulder bone. As per Ext.A8 disability certificate issued by the doctor shows that there was 18% disability. But, the Tribunal did not accept the same. We are of the opinion that as a result of the accident, he did not suffer loss of earning capacity as his salary was not affected. Therefore, no interference is required towards compensation awarded for disability and loss of earning power. However, we note that he was [MFA.575/01] 2 on leave for 45 days. Leave certificate was produced which shows that, for one month, he was under loss of pay which was granted by the Tribunal. It is the submission of the claimant that he has taken 153 days leave which he could have surrendered. He could have availed of leave for other purpose. Considering the maximum leave that can be accrued, we are of the opinion that he can be granted two months leave wages also for the actual loss of wages during the period of leave. So, it will come to Rs.13,000/-. The above Rs.13,000/- should be deposited by the 3rd 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, the appellant is allowed to withdraw the same. Appeal is partly allowed. Sd/- J.B. KOSHY, JUDGE. Sd/- K. HEMA, JUDGE. Krs. [MFA.575/01] 3 J.B. KOSHY & K. HEMA, JJ. -------------------------------------- M.F.A. No.575 of 2001 -------------------------------------- Dated this the 25th th day of January, 2008 JUDGMENT