IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 MACA.No. 374 of 2007() ---------------------- OPMV.1505/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ------------------------------------------ VASUDEVAN, S/O.KANNANKUTTY MENON, SADIRA SADAN, NEDUVA P.O. PARAPPANANGADI. BY ADV. SRI.K.K.MOHAMED RAVUF SRI.MOHAMMED HANEEFA RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. SHAMSUDHEEN N.P., S/O.AHAMMED N., NEDUMPULLY HOUSE, KANNAMANGALAM P.O., DRIVER. 2. AVARANKUTTY HAJI, S/O.KAMMU HAJI, NEDUMPULLY HOUSE, KANNAMANGALAM P.O., OWNER. 3. THE NATIONAL INSURANCE CO.LTD., MANJERI, INSURER. ADV. SRI.RAJAN P.KALIYATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KSS M.N. KRISHNAN, J ----------------------- M.A.C.A.No.374 OF 2007 --------------------------------- Dated this the 10th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Manjeri in O.P.(MV) No.1505/2002. The claimant, a Police Constable aged 40 years, sustained injuries in a road accident and Tribunal has awarded compensation of Rs. 16,150/-. 2. A perusal of para 7 of the award would reveal that he had sustained a fracture of the scapula, fracture of the 3rd rib besides other injuries. He was inpatient in the hospital for 7 days. It is also stated that he had taken commuted leave and earned leave. The Tribunal has only awarded Rs. 500/- towards transport expenses. It did not grant any amount towards loss of earning and no amount is seen provided under the head of loss of amenities and enjoyment in life. A perusal of the memorandum of appeal would reveal that the claimant was on leave for 92 days of which 77 days were adjusted towards earn leave and 44 days commuted leave. It is also stated in the memorandum of appeal that he had spent substantial amount for transport from Mangalore to Perinthalmanna. When a person is advised to take leave on account of the injuries M.A.C.A.No.374 OF 2007 -2- sustained in an accident whether it is earned leave or commuted leave, it has to be compensated. But for the accident he would have utilised his leave for some other purpose and further when a necessity arises he would have to take leave without allowance. That is why courts have always considered that when such leave is taken it has to be considered and compensated. Similarly when transport expenses is really supported by documents and vouchers there is no bar in granting the actual amount incurred for the same. When a Police Constable sustained injuries on the scapula as well as on the ribs certainly it may affect his working capacity for a reasonable period of time and also day to day activities which will result in loss of amenities and enjoyment also. But unfortunately none of these fractures has been considered by the Tribunal and therefore I set aside the award passed by the Tribunal and remit back to the Tribunal for fresh consideration by permitting all parties concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 19.12.2008. M.N. KRISHNAN, JUDGE vkm