IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 M.A.C.A.No. 1898 of 2005() ----------------------- OP(MV.)NO.438/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/CLAIMANT: ------------------- CHERULIYIL NARAYANANKUTTY, S/O.BALAKRISHNAN NAIR, VRINDAVANAM, CHERULIYIL HOUSE, CHERIYAM, MANKADA P.O. PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.M.P.PRAKASH RESPONDENTS/RESPONDENT: ------------------------ 1. A.GOVINDANUNNI, S/O.SREEDHARAN NAIR, ALIKKAL HOUSE, MANKADA P.O. MALAPPURAM DISTRICT (DRIVER). 2. T.MUHAMMED HANEEFA, S/O.RAYIN, THENNEDAN HOUSE, KOOTTIL, MANKADA P.O. MALAPPURAM (OWNER). 3. UNITED INDIA INSURANCE CO.LTD, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.C.S.AJITH PRAKASH - R1& R2 SRI.MATHEWS JACOB (SR.) - R3 SRI.P.JACOB MATHEW - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N.KRISHNAN, J ===================== MACA No.1898 OF 2005 ===================== Dated this the 17th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)No.438 of 2001. 2. Notice on admission was ordered and all the respondents had entered appearance. The claimant, a teacher by profession, sustained fracture of the tibia and was treated as an inpatient in the hospital at Malappuram from 9.2.2000 to 15.2.2000. His leg was under plaster and he had continued out patient treatment as well. Learned counsel for the appellant had also made available before me all the copies of the documents produced before the Tribunal. It would also show that he was drawing a consolidated salary of Rs.5,499/- and he was on half pay leave for a period of 60 days from 9.2.2000 to 8.4.2000. The treatment records would reveal that there was necessity to take two months leave. Just because it is only a half pay leave, the court cannot grant only half of the amount for the reason that he has taken half pay leave. Because there was no much leave in his credit he took half pay leave. When a future occasion arises for taking MACA 1898/2005 -:2:- the leave, he may have to enter on loss of pay. Further, being a school teacher and working in a vacation department, he will not have any earned leave as well. Further, he is only 29 years old and had a long way to go and therefore one cannot visualize whether he will be having sufficient leave at a time when it is required. Therefore the total loss of earning has to be given for two months which I fix as Rs.5,000/- per month. After deducting Rs.3512 granted, I round it as Rs.6,500/-. It is true that there is no disability certificate produced. But the fact remains that he had sustained a fracture of the tibia and he was in plaster for a considerable length of time, this would have caused loss of amenities and enjoyment in life. I award Rs.5,000/- under that head. On all other heads, the compensation awarded by the Tribunal is retained. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.11,500/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/- MACA 1898/2005 -:3:-