IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 MACA.No. 950 of 2008() ---------------------- OPMV.425/2000 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT/PETITIONER IN THE OP.(MV) ------------------------------------------------- VASANTHA.P.M., W/O.VASUDEVAN AGED 38 YEARS, RESIDING AT PALAKOTTU MEETHALY HOUSE PO.RAMANATTUKARA ,CHIRAKANKUNNU VIA., KOZHIKODE BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S): RESPONDENTS IN THE OP(MV) ----------------------------------------- 1. C.ALAVI, S/O.ABDURAHIMAN, RESIDING AT CHERUKATTU VEEDU, PO.PUTHIYAPALAM, EDAVANNA AMSOM DESOM, MALAPPURAM 2. THE ORIENTIAL INSURANCE COMPANY LTD., BR ANCH OFFICE, JASEELA COMPLEX, NILAMBUR ROAD, MANJERI, MALAPPURAM ADV. SRI.M.JACOB MURICKAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ---------------------------------------------- C.M.Application No.976 OF 2008 & M.A.C.A.No.950 OF 2008 ----------------------------------------------------- DATED THIS THE 19th DAY OF JANUARY, 2010 O R D E R/J U D G M E N T Basant, J. This petition is to condone the delay of 120 days in filing an appeal. We take a lenient view. Petition allowed. Delay condoned. M.A.C.A.No.950/2008 2. Claimant/injured is the appellant. She is an employee of the Federal Bank. She suffered injuries in a motor accident. Fracture of both bones of the left forearm is the main injury suffered. She had to undergo surgical procedures. She was an in-patient for a period of 10 days. She was on privilege leave for a period of 58 years for treatment. The Tribunal awarded a total amount of Rs.61,200/- as compensation. 3. The appellant/claimant claims to be aggrieved by the impugned award. What is the grievance? The main point raised by the learned counsel for the appellant is that no amount has been awarded under the head of loss of earnings. There was unassailable evidence to show that the appellant, as a result of M.A.C.A.NO.950/08 -2- the accident, was involuntarily unemployed and was on leave for a period of about two months (58 days). Her monthly salary was Rs.5,089/-. The leave that was availed was privilege leave which stood to her credit. For that sole reason the Tribunal did not award any amount as compensation for loss of earnings. The learned counsel for the appellant argues that the approach made by the Tribunal is incorrect and perverse. It is true that there was no leave without pay. But the fact remains that privilege leave which could otherwise have been utilised by the appellant was lost because of the accident, injury and treatment. We agree with the learned counsel for the appellant that if not for earnings, at least for leave which she could otherwise have enjoyed/utilised , compensation is liable to be paid. We are in these circumstances satisfied that an a further amount of Rs.10,000/- (Rs.5,000/- x 2) can be awarded as compensation under the head of loss of earnings/leave. 4. The learned counsel further contends that interest has been awarded only at the rate of Rs.6% per annum relying on the decision in Dharampal v. U.P.State R.T.C. (2008(2) KLT 691). The learned counsel contends and we are satisfied M.A.C.A.NO.950/08 -3- that interest can be awarded at the rate of Rs.7.5% per annum. 5. In the result: (a) this appeal is allowed in part. (b) the appellant is found entitled to a further amount of Rs.10,000/- (Rupees Ten Thousand only) as compensation in addition to the amount already awarded by the Tribunal. (c) It is directed that interest shall be payable from the date of the claim to the date of payment at the rate of 7.5% p.a., in supersession of the direction issued by the Tribunal, for the entire amount of compensation. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn