IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 MACA.No. 1026 of 2004(B) ----------------------- OPMV.1116/1995 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER: --------------------------------- C.J.JOSEPH, AGED 52 YEARS, S/O. LATE C.J.JACOB, CHOVALUR VEEDU, ANCHUMOORTHY, MANGALAM P.O., ALATHUR TALUK. BY ADV. SRI.C.RAGHAVAN RESPONDENTS: ------------- 1. P.MADHUSUDHANAN, AGED 40 YEARS, S/O. T.NARAYANANKUTTY MENON, THAYAPARAMBIL VEEDU, VADANA, MALA, THRISSUR DISTRICT. 2. THE WORKING DIRECTOR, M/S. P.S.N. MOTORS, NARAYANA VIHAR, POONGUNNAM, THRISSUR-2. 3. UNITED INDIA INSURANCE CO. LTD., RAJAPALAYAM-626 117, TAMIL NADU. BY ADV. SRI.R.LAKSHMI NARAYAN FOR R2 SRI.SIBY MATHEW FOR R3 SRI.PHILIP J.VETTICKATTU FOR R3 SMT.R.RANJINI FOR R2 SRI.AYPE JOSEPH FOR R1 SRI.C.A.JOJO FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1026 OF 2004 = = = = = = = = = = = = = = = Dated this the 29th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)1116/95. The claimant, an employee in K.S.E.B. sustained fracture on the tibial condyle. He was treated as an inpatient for a period of 2 days and thereafter his leg was under plaster cast for a period upto 17.4.95. He was on leave for the period from 6.3.95 to 31.5.95. The Tribunal has awarded a compensation of Rs.9,100/- and dissatisfied with the same the claimant has come up with this appeal. 2. The claimant was aged 52 years at the time of the accident. It cannot be disputed that he had taken commuted leave for 87 days. It has to be remembered that when commuted leave is taken on account of the injury sustained in an accident and when a later situation arises to take leave the person may be compelled to take loss of pay leave and that is why it has been held by Courts that in such situation M.A.C.A. 1026 OF 2004 -:2:- compensation has to be awarded for the leave taken though leave salary would have been paid at the relevant time. But I feel whether there was necessity to take 87 days leave is also to be considered. This man was having only about 3 years of service left and there would have been sufficient leave for him, which would have also prompted him to take a leave for 87 days. But considering the fact that his leg was under plaster cast, he should have taken two months leave for the purpose of injury sustained in the accident. Fixing his monthly salary at Rs.8,000/- I award him Rs.16,000/- towards loss of earnings out of which Rs.3,000/- has already been awarded and so he will be entitled to an additional compensation of Rs.13,000/- under that head. For a person whose leg was under plaster cast and was on leave for 45 days coupled with the leave of three months and the fact that there were inconveniences, difficulties and sufferings, the Tribunal awarded him a sum of Rs.3,500/- towards compensation for pain and sufferings. It may not be adequate and so I enhance the compensation by Rs.2,500/- M.A.C.A. 1026 OF 2004 -:3:- under that head. The Tribunal did not grant him any compensation for permanent disability or loss of amenities. The fact that he had sustained fracture on the tibia coupled with the factum of long leave he had undergone I think there will be at least temporary loss of amenities and enjoyment in life of that person, for that I award him a sum of Rs.3,000/- under that head. Therefore, the claimant will be entitled to an additional compensation of Rs.18,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.18,500/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-