IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 MACA.No. 544 of 2009() ------------------------------- OPMV.3265/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER ------------------------ SUBAIDA, AGED 48 YEARS, W/O. MUHAMMEDALI VALIYA VEEDU, NEAR STATION KAVALA, EDAPPALLY.P.O, EDAPPALY VILLAGE, ERNAKULAM DISTRICT, COCHIN - 682 024. BY ADVS.MR.ANIL S.RAJ SMT.K.N.RAJANI SMT.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER RESPONDENT(S): RESPONDENTS -------------------------- 1. P. ABRAHAM PULIMOOTTIL HOUSE, P.O. CHERUKARA, PERINTHALMANNA-679 340. 2. E. UBAIDULLA, S/O. ABDUL KHADER, ERANTHODI HOUSE, PALLIKKUNNU, WANDOOR - 679 328. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, ERNAKULAM, KOCHI - 682 016. R3 BY ADV. SMT.K.SHERIN MOHAN, SMT.GEETHA D. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.544 OF 2009 ............................................. Dated this the 16th day of October, 2009 J U D G M E N T Notice to R2 dispensed with as accident and policy are admitted. R1 and R3 served. R3 enters appearance. 2. This is an appeal preferred against the award of the Claims Tribunal, Ernakulam in OP(MV)No.3265/2001. The claimant, a High School Assistant by profession, sustained injuries in a road accident and the Tribunal has awarded her a compensation of Rs.42,700/=. Dissatisfied with the said amount, the claimant has come up in appeal. 3. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would reveal that immediately after the accident she was admitted in Al Shifa hospital at Perinthalmanna where she continued treatment for 3 days and thereafter on 20.10.2007 she was admitted in Ernakulam Medical Centre. The treatment records would reveal that there was excision of lateral end of clavicle and coraco acromion transfer was done. The documents also establish that she was on loss of pay leave for : 2 : M.A.C.A.NO.544 OF 2009 61 days, half pay leave for 4 days and earned leave for two days. The Tribunal refused to grant her compensation for leave on the basis that it was not proved whether she had leave to her credit. It has to be stated that irrespective of the fact that whether there is leave to her credit or not when an accident is caused to her the injured is compelled to take leave for the reasons beyond her control, necessarily the court has to compensate her. Further it is the settled principle that when leave is taken on account of these factors, when a future necessity arises to take leave, then necessarily the person has to go on loss of pay leave. Therefore the courts have taken consistent view to grant compensation for such leaves. Here the total leave availed is 68 days. Her salary is 6078 and therefore for 68 days it will come to Rs.13,772/= which is rounded as Rs.13,000/= and after deducting Rs.5,200/= granted, she will be entitled to a compensation of Rs.7,800/= towards loss of earnings. It has to be borne in mind that it was a clavicle fracture accompanied with ligament tear which means that she required a very long leave and it would have certainly : 3 : M.A.C.A.NO.544 OF 2009 resulted in loss of amenities and enjoyment in life. Towards the same I award Rs.2,200/= making it a total compensation of Rs.10,000/=. 4. In the result, MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/= with 7.5% interest from the date of the petition till realisation and the respondent insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 4 : M.A.C.A.NO.544 OF 2009