IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 MACA.No. 1222 of 2004() ------------------------------------ OPMV.1635/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER ------------------------------------- K.S.RAJENDRAN NAIR, S/O. SREEDHARAN NAIR, KAKKANATTUTHAZHATHETHIL HOUSE, ETTUMANOOR P.O., KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: RESPONDENTS ------------------------ 1. SRI.SARVESH COTTOR MILLS LTD., 777/1 MADURAI ROAD, THENI, TAMIL NADU, REPRESENTED BY ITS MANAGING DIRECTOR. 2. MOHAMMED SHAMIM, THADICKAPARAMBIL HOUSE, PATIMATTOM P.O., PALAMPRA, KANJIRAPPALLY. 3. NEW INDIA ASSURANCE CO.LTD., THENI BRANCH, 853/1, NEHURUJI ROAD, THENI, REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, KOTTAYAM-2. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.A.C.A. No. 1222 of 2004 --------------------------------------- Dated this the 16th day of July, 2008 Judgment Koshy,J. Appellant/Claimant sustained injuries in a motor accident on 1.4.1998. As a result of the accident, he sustained clavical fracture. There is no permanent disability. Against a claim of Rupees Two lakhs, tribunal awarded only Rs.26,225/-. In the absence of any certificate showing permanent disability, we are unable to grant compensation for permanent disability especially considering the fact that the appellant continued in employment, but, we note that because of the fracture, he was unable to attend the duties for two months. Basic salary itself was Rs.8,500/-. The tribunal has awarded only one month’s salary for loss of earnings. In view of the fact that he was unable to attend the duties for two months, we award Rs.8,500/- more on the ground of actual loss of earnings. We are of the opinion that just and reasonable compensation is awarded under other heads. The additional amount of Rs.8,500/- should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit over and above M.A.C.A.No.1222/2004 2 the amount decreed by the tribunal. On deposit of the amount, appellant is allowed to withdraw the same. J.B.Koshy Judge P.N.Ravindran Judge vaa M.A.C.A.No.1222/2004 3 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.A.C.A. No. 1222 of 2004 ------------------------------------- Judgment Dated:16th July, 2008