IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 MACA.No. 2723 of 2008() ----------------------- OPMV.742/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONER: --------------------------------------------- SATHYAN, S/O.UNNI, PEDIKKATTUPARAMBIL HOUSE, GANAPATHY AGRAHARAM WEST, PO.POONKUNNAM, THRISSUR DISTRICT. BY ADV. MR.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. ANTO.G.ALAPPAT, S/O.GEORGE, ALAPPAT HOUSE, KATTOOR, THRISSUR DISTRICT. 2. MANOJ, S/O.VIJAYAN, VILLATH HOUSE, NEDUMPARA, KATTOOR, THRISSUR DISTRICT. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, IRINJALAKUDA. R3 BY ADV. SMT.R.REMA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.2723 OF 2008 ............................................. Dated this the 24th day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Trichur in OP(MV)No.742/2002. The claimant, a man aged 40 years, sustained injuries in a road accident on 22.6.2001 while he was working as an employee at Apollo tyres at Perambra in Trichur district. A perusal of the document would reveal that he had suffered a contusion on the left hip, soft tissue injury on the left thigh with large haemotoma, puncture wound left thigh and multiple bodily injuries. He was treated in the West Fort Hospital, Trichur. He had produced Ext.A14 certificate to show a loss of actual income of Rs.31,182.61 and Ext.A11 is produced to show the way in which medical advance has been taken and returned. In Ext.A14 it is seen that he was on leave from 25.6.2001 to 03.10.2001 and the loss of earnings is crystallized at Rs. 31,182.61. It takes in leave encashment, incentive, bonus, PF, salary and earnings. The salary comes to Rs.20,174/=, PF Rs.2,421/=, allowances : 2 : M.A.C.A.NO.2723 OF 2008 Rs.2,464/=. It has to be stated that being a private company, the system of contribution is also necessary for equal contribution by the employer. So, I am convinced that the amount that can be awarded under the head of salary, PF and allowances would come to Rs.25056 which I rounded as Rs.25,000/=. Of this, Rs.9,000/= has been awarded. So, as he is entitled to that amount, the balance would come to Rs.16,000/=. The learned counsel for the insurance company would submit before me that since it did not contain the seal of the establishment, the court below has not accepted it. It has to be remembered that it was in the year 2001 the accident took place. The claimant has been an employee from 1989 onwards. Even a Class-IV employee would have a salary of Rs.5,000-6,000 at that point of time. It is signed by the Manager of the Apollo Tyres. I feel, one need not disbelieve the same and therefore I accept the same. So far as the legal principle is conferred, when there is loss of earnings accrued on account of the leave taken, it has to be compensated and therefore an additional compensation of Rs.16,000/= is awarded under that head. He : 3 : M.A.C.A.NO.2723 OF 2008 has been on leave for about three months and it has to be stated that he had punctured wound on the left thigh and soft tissue injury on left thigh with large haematoma which had taken a considerable time to come back in the normal life and it has affected his movements very badly and I feel an amount of Rs.4,000/= can be enhanced towards compensation for pain and sufferings. Therefore, I enhance the total compensation by Rs.20,000/=. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.20,000/= with 7% interest on the said sum from the date of the petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE cl : 4 : M.A.C.A.NO.2723 OF 2008 : 5 : M.A.C.A.NO.2723 OF 2008