IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 MACA.No. 50 of 2009() --------------------------------- OPMV.350/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): ---------------------- SREEDHARAN, S/O. PEETHAMBARAN, T.C NO. 39/1888, PUTHEN ROAD, MANACAUD.P.O, THIRUVANANTHAPURAM-9. BY ADV. MR.J.HARIKUMAR RESPONDENT(S): ------------------------ 1. V. RAJENDRAN NAIR, S/O. VELAYUDHAN PILLAI, T.C. 40/619, PUTHEN STREET, SREEVARAHAM, MANACAUD.P.O, THIRUVANANTHAPURAM. 2. UNITED INDIA INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE NO.II, MALANKARA BUILDING, VJT HALL ROAD, PALAYAM, THIRUVANANTHAPURAM. 3. CHANDRASEKHARAN NAIR, S/O. APPUKUTTAN NAIR, THUNDUVILAKATHU VEEDU, THOPPUMUDUKKU, SREEVARAHAM, MANACAUD.P.O, THIRUVANANTHAPURAM. 4. ORIENTAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, NO. I, THAKARAPARAMBU JUNCTION, PAZHAVANGADI, THIRUVANANTHAPURAM-23. R1 BY ADVS. MR.SUMAN CHAKRAVARTHY R2 BY SMT.R.REMA R4 BY MR.S.MAMMU THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.50 OF 2009 ............................................. Dated this the 17th day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Trivandrum in OP(MV)No.350/2003. The claimant, a railway employee sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.25,000/=. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard both sides. The learned counsel for the appellant in all fairness confines his argument to the point that in spite of the fact that the claimant had taken leave for three months, the Tribunal was pleased to grant only one month's loss of earning which is incorrect. A document produced by him would reveal that he was on sick leave from 12.7.2002 to 8.10.2002, i.e, almost for a period of three months. So far as the loss of earnings during the leave period is concerned, it is a well settled proposition that when a person avails leave and he has a long service left, certainly when a necessity comes for him in future, : 2 : M.A.C.A.NO.50 OF 2009 he would be forced to take leave which may result in loss of earnings to him. So, applying that principle to the present facts of the case it is just to be stated that since he had already availed sick leave during that period and even he has been paid during that period, if he falls sick during the course of his employment before retirement, he may be forced to take leave which may result in loss of earnings to him. The decisions are in fact to the effect that he can be compensated for the same. Therefore, I find that the claimant is entitled to loss of earnaings for two more months i.e., 6161x 2= Rs. 12,322/=which is rounded as Rs.12,300/=. On all other aspects, I do not interfere with the award of the Tribunal. Therefore, the appeal is partly allowed. The claimant is awarded an additional compensation of Rs.12,300/= with 7.5% interest from the date of the petition till realisation and the respondent - United India Insurance Company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accoardingly. M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.50 OF 2009 : 4 : M.A.C.A.NO.50 OF 2009