IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 MFA.No. 269 of 2001(B) --------------------------------- O.P(MV).NO.456/1995 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM. .................... APPELLANT/ CLAIMANT: ------------------------------------ SAHADEVAN, S/O. KESAVAN, VANIYAKKUDI VARUVILAKATHU PUTHEN VEEDU, VELLAYANI, NEMOM.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.B.JAYASURYA. RESPONDENTS: ------------------------ 1. MANAGING DIRECTOR, KERALA STATE ROAD TANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. THANKAPPAN, S/O. KUNJAN, MANIYANKLE, THOPPIL VEEDU, BACK OF GOVERNMENT SCHOOL, ARUMANOOR, NEYYATTINKARA VILLAGE. BY ADV. SRI.JOHNSON P JOHN,SC KSRTC. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 09/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.269 OF 2001 ------------------------------------- Dated 9th January, 2008 JUDGMENT Koshy,J . Appellant, a reserved Sub Inspector, at the age of 54 sustained injuries in a motor accident. He claimed a compensation of Rs.1,50,000/=, but, Tribunal awarded only Rs.10,000/=. Only quantum of compensation is disputed in this appeal. The wound certificate shows complaint of pain in left upper arm and right knee, abrasions 2 x 0.2cm. the right eye. C.T. Scan report taken immediately after the accident shows that base of the skull does not reveal any fractures in the right temporal bone, but, some old injury was noted. Medical Board in 1998 certified 17.5% disability for the loss of hearing. Tribunal came to the conclusion that there is no fracture and hearing loss is not related to the accidental injury . But, he had some very old hearing problems much before the accident. The Medical Board certified only the actual disability and not disability due to the accident. Considering the medical certificate, wound certificate etc. we agree with the view of the Tribunal. However, we note that the total amount awarded was Rs.10,000/= including medical expenses, pain and suffering, loss of actual earning etc. It is stated that he was on leave for 42 days, but, no evidence was produced to show the same. However, treatment records show that after MFA.269/2001 2 the accident he was on leave at least for one month. But, he continued in employment and his salary was not reduced. Considering the totality of circumstances, we are of the view that for loss of actual earnings for the period of leave, for pain and suffering and loss of amenities for the period under treatment, another Rs.7,000/= should be granted to the appellant over and above the compensation awarded by the Tribunal. The above Rs.7,000/= should be deposited by the first respondent with 7.5% interest from the date of application till its deposit, over and above the amount decreed by the Tribunal. On deposit, appellant is allowed to withdraw the same. Appeal is partly allowed. J.B.KOSHY JUDGE K.HEMA JUDGE tks