IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MFA.No. 451 of 2003(F) ---------------------- OPMV.1637/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT: PETITIONER --------------------- SOMANATHA RAO, PUTHEN MADOM, NEAR VILLAGE OFFICE, ALAPPUZHA. BY ADV. SRI.S.K.BRAHMANANDAN SRI.G.SREENIVASA PRABHU SRI.S.B.PREMACHANDRA PRABHU RESPONDENTS: RESPONDENTS ------------------------ 1. SULOCHANA, W/O.SAMBASIVAN, PRATHEEKSHA HOUSE, WARD.NO.VII, VAKKOM PANCHAYATH, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 2. GEETHA, W/O.BIJU, DO. DO. 3. THE NEW INDIA ASSURANCE COMPANY LTD., GOVT.PRESS ROAD, THIRUVANANTHAPURAM. 4. THE MANAGING DIRECTOR, KSRTC LTD., THIRUVANANTHAPURAM. 5. YOOSUF, S/O.KHADER, DRIVER, KSRTC DEPOT. KODUNGALLOOR. BY ADV. SRI.LAL GEORGE FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY AND P.N. RAVINDRAN, JJ. ----------------------------------------------- M.F.A. No. 451 OF 2003 ----------------------------------------------- Dated this the 8th day of July, 2008 JUDGMENT KOSHY, J. The appellant claimant sustained injuries in a motor accident on 24.06.97. He claimed an amount of Rs.12,32,000/-. The amount awarded by the tribunal was only Rs.1,54,992/-. The tribunal has directed the 3rd respondent insurance company, who insured the vehicle, to deposit the amount. The only dispute is regarding the quantum of compensation awarded. As afar as the injuries are concerned, injury sustained by him were serious. He sustained the following injuries: “1. Grade II compound fracture of both bones of left leg middle 1/3. 2. Fracture of patella of left leg. 3. Fracture of the base of P1 of left index finger. 4. Fracture of P2 of left middle finger. 5. Fracture of right external malleolus. 6. Multiple incised and lacerated wounds all over the body. 7.Black eye(R). The evidence of PW1 is that he sustained above injuries. He was taken to the Alappuzha Medical College Hospital and treated there for two days as inpatient. From there he M.F.A. No. 451 OF 2003 2 was taken to Sree Sudheendra Medical Mission, Kochi and treated there as inpatient for 11 days. He was taken to the Medical College Hospital, Alappuzha and treated as inpatient for a period of 2 days. From there he was referred to Sree Sudheendra Medical Mission Hospital, Ernakulam and treated there as inpatient for 11 days and thereafter he continued the treatment as inpatient and outpatient offenly.” 2. It has come out in evidence that he had availed 9 months' and 15 days leave. He was a bank employee. According to him his monthly income was Rs.13,500/-, after deducting all standard deductions etc., i.e., gross salary payable to him. The tribunal fixed the loss of earning by fixing Rs.9,000/- as his monthly income. We are of the opinion that fixation of Rs.9,000/- as monthly income warrants no interference, even though the reasoning of the tribunal is not correct. According to the tribunal, the petitioner had availed loss of pay only for 31 days. Counsel for the appellant submits that even if the loss of pay was only for 31 days, he lost the privilege of surrendering the leave and en- cashing the same. We are of the opinion that the appellant is entitled to full salary for 9½ months' treatment period, for which he M.F.A. No. 451 OF 2003 3 was compelled to take leave. Therefore, the amount of compensation will be Rs.85,500/- for the loss of actual earning. The tribunal granted only Rs.18,000/-. Therefore, he will be entitled to Rs.67,500/- more for loss of actual earning. 3. It is argued that the doctor assessed 10% permanent disability. The tribunal granted compensation for disability not on the multiplier method, as he has continued in employment. But the appellant submits that due to the injuries sustained by him he can only do soft jobs, that too with the help of other persons and he has not been promoted. Even now he is working as a bank officer only. But the tribunal has granted Rs.70,200/- for disability and again for loss of earning power for six months, Rs.54,000/-. That will amount of Rs.1,24,200/-. It is contended that after retirement taking up another job is also lost. 4. We are of the opinion that since he continued in employment and he will get retirement benefits also from the Bank, the compensation awarded for disability and loss of earning power amounts to Rs.1,24,200/- is just and reasonable and no interference is required, considering the amount granted. Thus, M.F.A. No. 451 OF 2003 4 the additional amount of compensation payable to the appellant will be Rs.67,500/-. The additional amount of Rs.67,500 /- should be deposited by the 3rd respondent Insurance Company with 7.5% interest from the date of the application till deposit over and above the compensation awarded by the tribunal. On depositing the above amount, the appellant is allowed to withdraw the same. The appeal is accordingly partly allowed. J.B. KOSHY , JUDGE P.N. RAVINDRAN, JUDGE. ttb M.F.A. No. 451 OF 2003 5 M.F.A. No. 451 OF 2003 6