IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 MACA.No. 101 of 2006() -------------------------------- OPMV.1754/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER. -------------------------------------- GEETHA KUMARI, W/O.UNNIKRISHNA WARRIER, KEEZHILLATHU WARRIAM, KEEZHILLAM P.O. ERNAKULAM DISTRICT. BY ADV. SRI.C.K.KARUNAKARAN SRI.C.E.UNNIKRISHNAN SRI.M.P.HARIKUMAR SRI.C.DILIP RESPONDENTS/RESPONDENTS. ----------------------------------------------- 1. P.P.KURIAKOSE, S/O.PAULOSE, THOPPIL HOUSE, (PANICHIKUDY), KUTUKUZHI P.O. KOTHAMANGALAM, ERNAKULAM DISTRICT. 2. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, (K.S.R.T.C.), THIRUVANANTHAPURAM. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 101 OF 2006 = = = = = = = = = = = = = = = Dated this the 11th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV) 1754/02. The claimant, a senior lecturer attached to St. Mary's College, Sulthan Bathery while travelling in a K.S.R.T.C. bus sustained injuries on account of the collision between the K.S.R.T.C. bus and a lorry. The medical records would reveal that she had sustained a lacerated wound over the mucus membrane of the lower lip and laceration over the leg. The Tribunal awarded a compensation of Rs.2,500/- and dissatisfied with the same she has come up in appeal. 2. Ext.A7 is a certificate issued by the Principal of the College where she is employed indicating that she was on leave from 3.6.02 to 19.6.02 and 21.6.02 to 30.6.02. She was drawing a remuneration of Rs.23,321/- which takes in the HRA and hill allowance as well. The certificate issued by Baby Memorial Hospital would reveal that she had soft tissue M.A.C.A. 101 OF 2006 -:2:- injuries in both knees and she was advised to take rest for a period of two weeks from 3.6.02. The wound certificate would reveal that she had a lacerated wound over the mucus membrane of the lower lip and haematoma over the leg. Considering the fact that the claimant was working in a far off place from her residence the injuries on the knee as well as on the lip would have frequently caused her problems in her profession as a lecturer and even going by the minimum I feel this is a fit case where she must have been awarded a sum of Rs.10,000/- towards loss of earnings for the reason that she was on loss of pay during that period. Similarly, the distance between Kozhikode and Perumbavoor is more than 220 kms. and the transport expenses awarded is only Rs.500/- which is grossly inadequate and therefore I award a further sum of Rs.2,000/- under that head. Therefore the claimant will be entitled to an additional compensation of Rs.12,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of M.A.C.A. 101 OF 2006 -:3:- Rs.12,000/- with 6% interest on the said sum from the date of petition till realisation and the 2nd respondent is directed to deposit the same within a period of ninety days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-