IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 MFA.No. 137 of 2003(C) --------------------------------- OPMV953/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT: PETITIONER: -------------------------------------- ALAMMA SEBASTIAN, W/O. LATE THOMAS RAJU, T.C.13/1623, KUMARAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.P.JACOB MATHEW SRI.M.J.XAVIER THOMAS SRI.TOMY SEBASTIAN RESPONDENTS: RESPONDENTS 1 & 3: ------------------------------------------------------- 1. M.S. SELVAM, SELVAM SALT WORKS, 98 PERIERA STREET, TUTICORIN, TAMIL NADU. 2. UNITED INDIA INSURANCE COMPANY LIMITED, W.G.C. ROAD, TUTICORIN, TAMIL NADU. BY ADV. SMT.P.A.REZIA THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.No.137 OF 2003 ------------------------------------- Dated 30th June, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained injuries in a motor accident on 10.4.1993. She was employed as Assistant Project Officer of the Regional Artificial Insemination Centre, Thiruvananthapuram. She claimed a compensation of Rs.1,84,500/=. Tribunal awarded only Rs.12,606/=. Only quantum of compensation is disputed in this appeal. The wound certificate shows that she had only lacerated wounds and fracture of medial malleolus right. No disability certificate was produced. Ext.A9 certificate shows that she was advised rest for two months. It also shows that apart from the lacerated wounds she sustained fracture of medial malleolus (R) and contusion cervical spine. Since no disability certificate was produced and she did not lose his job due to the accident and it was not affected his loss of earning capacity, Tribunal rightly did not grant any compensation for permanent disability. But, we note that medical certificate shows that she was advised for two months' rest. Her salary at the time of accident was Rs.4,729/=. In the above circumstances, we grant two months' wages of Rs.9,000/= as loss of actual earnings in addition to the amount granted by the Tribunal. We MFA.137/2003 2 are of the opinion that no enhancement is needed under other heads. The above Rs.9,000/= should be deposited by the second respondent insurance company with 7% interest from the date of application till its deposit, over and above the decreed amount by the Tribunal. On deposit of the amount, appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks