IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 MACA.No. 2134 of 2007 ------------------------------- OPMV.1266/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM ...................................... APPELLANT/APPLICANT: ------------------------------------ M.K. SREEDHAR, S/O. KESAVA PILLAI, AGED 47 YEARS, FORMERLY RESIDING AT KESAVAPURATHU VEEDU, MULLOOR, VIZHINJAM, THIRUVANANTHAPURAM, NOW RESIDING AT AMAR JYOTHIS, VENGANOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.V.AJAKUMAR SRI.T.M.CHANDRAN RESPONDENTS: RESPONDENTS: ----------------------------------------------- 1. MANILAL, T.C.11/146(1), NANDANCODE, THIRUVANANTHAPURAM (OWNER OF THE CAR BEING REG.NO.KBT 4643). 2. P. NAINAR, WEST STREET, CHETTIMEDU, DOHRAVUR P.O., NANGUNERI TALUK, THIRUNALVELI DISTRICT,TAMIL NADU, NOW RESIDING AT T.C.38/1329, SABHAPATHI COIL STREET, CHALAI P.O., THIRUVANANTHAPURAM-36. 3. THE BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD., K.N.MATHEW BUILDING, THIRUVANANTHAPURAM (INSURER OF THE CAR BEARING REG. NO.KBT 4643, POLICE NO.3176140695223, VALID FROM 23/12/1999 TO 22/12/2000). BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.A.C.A.No.2134 OF 2007 ------------------------------------- Dated 7th January, 2008 JUDGMENT Koshy,J . Appellant/claimant met with an accident when his scooter was knocked down by an Ambassador car owned by the first respondent and driven by the second respondent. As a result of the accident, he sustained serious injuries including head injury and fracture of left femur etc. Doctor certified 25% disability. Tribunal awarded a total compensation of Rs.2,80,000/=. Appellant was a Selection Grade College Lecturer getting a salary of Rs.18,598/= under the U.G.C scale. He did not lose his job as a result of the accident. Therefore, there is no serious loss of earning power. But, Tribunal granted Rs.43,200/= for leave salary for 122 days and also for 15% permanent disability. Apart from that, Rs.45,000/= was awarded loss of amenities. Medical expenses were reimbursed. Compensation is awarded to offset the damages caused due to the accident. Appellant who was employed as Selection Grade Lecturer did not suffer any serious loss in his employment and Rs.2,80,000/= with interest granted by the Tribunal is just and reasonable and no enhancement is required. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks