IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 MFA.No. 256 of 2003(A) ---------------------- OPMV.829/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT: PETITIONER/ -------------------------------------- K.P.JAGADISH CHANDRA,AGED 43 YEARS, S/O.PADMANABHA PILLAI, KAVUKATTU, THODUPUZHA P.O., THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.K.K.CHANDRAN PILLAI RESPONDENTS: RESPONDENTS/ -------------------------------------------- 1. T.G.MOHAN KUMAR, AGED 37 YEARS, S/O.GOPALA PILLAI,THENGUMTHOTTATHIL, MANAKADU KARAL, THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT, 2. THE MANAGING DIRECTOR, K.S.R.T.C. THIRUVANTHAPURAM. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC SRI.SUDHEESH.A. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.256 of 2003 ----------------------------------------- Dated this the 22nd day of February, 2008 JUDGMENT Koshy, J. Appellant at the age of 37 met with an accident on 29.12.1996. Due to the accident, he was on leave for three months. The Tribunal awarded entire leave wages during the above period. As a result of the accident, he did not lose his job. He is still continuing in service. He is a government servant. He got promotion as Block Development Officer after the accident. He produced a certificate relating to subsequent treatment. The Tribunal found that the said certificate was not an acceptable evidence to show that those diseases were relating to the accident. The Tribunal awarded Rs.1.05,381/- with 9% interest from the date of application till the date of realisation. Rs.15,000/- is awarded for disability. The Tribunal noticed that he is not entitled to compensation for loss of earning power as his employment was not affected. Medical bills were reimbursed after eliminating the duplicate bills. We are of opinion that just and reasonable compensation was awarded by the Tribunal and no enhancement is required. The appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. 2 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No. 256 of 2003 ------------------------------ JUDGMENT 22.2.2008