HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO M.A.C.M.A.No.3272 OF 2011 JUDGMENT: The appeal is ﬁled by the insurance company against the award in O.P.No.366 of 2004 on the ﬁle of the III Motor Accidents Claims Tribunal, Warangal, questioning the quantum of compensation. The parties are referred as in the lower Tribunal. 2. The petitioner ﬁled a petition claiming compensation for the injuries received by him in a motor accident. According to the case of the petitioner, on 21.10.2003 while he was going on Suzuki motorcycle bearing No.AP 36 E 3537, auto bearing No.AP 36 V 3914 came in a rash and negligent manner and dashed against the motorcycle, as a result of which, the petitioner fell down and received head injury and he was shifted to M.G.M. Hospital, Warangal. As the doctors could not attend him properly he was shifted to Lifeline Hospital, where he was treated as ‘In-patient’ from 21.10.2003 to 28.10.2003 and for a long time the petitioner could not attend the duties and he suﬀered disability. The 1st respondent is owner and the 2nd respondent is Insurance Company. The 2nd respondent ﬁled a counter disputing the nature of the incident and nature of the injuries received by the petitioner and quantum of compensation. 3. The lower Tribunal after considering the evidence of PWs.1 and 2, accepted the cause of incident and also the nature of injuries and granted a compensation of Rs.1,67,334/-. Aggrieved by the quantum of compensation, Insurance Company has filed the present appeal. 4. The learned counsel for the appellant contends that the composition of the compensation granted by the learned Tribunal is not proper. The evidence of PW.2 and also the material evidence on record clearly go to show that the petitioner has received a head injury; he was in hospital; he was on leave for 70 days and there was said to be temporary partial disability. The lower Tribunal has granted a sum of Rs.50,000/- towards pain and suﬀering; Rs.25,000/- towards loss of amenities; Rs.20,000/- towards loss of future amenities and medical expenses of Rs.17,334/-. The lower Tribunal also further granted a sum of Rs.20,000/- towards medicines for continuous treatment. The total amount comes to Rs.1,32,334/-. The lower Tribunal has granted a sum of Rs.35,000/- towards the loss of earnings to the petitioner on the ground that he was drawing a salary of Rs.14,226/- per month and on Earned Leave for 70 days. This clearly goes to show that the leave granted for him is on account of loss of pay. When a Government employee is granted earned leave, it cannot be taken into consideration as a case of loss of earnings since medical leave and earned leave are credited to the individual. Since there is no material as to the extent of the accumulated leave and evidently, the medical leave during the service of an employee is quite different from the earned leave, which is being credited to the employee, there is nothing on record to show that by virtue of this leave he lost any monetary benefits in the service. 5. Therefore, in view of the above circumstances, I ﬁnd that the award of Rs.35,000/- towards loss of earnings does not appear to be proper and I feel the ends of justice would meet if the compensation is conﬁned to Rs.1,50,000/- with interest at 7% per annum. Accordingly, the M.A.C.M.A. is allowed in part. There shall be no order as to costs. ___________________________ JUSTICE N.R.L. NAGESWARA RAO Date:03.12.2011 INL