IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MACA.No. 779 of 2006(D) ----------------------------- OPMV.507/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM. .................... APPELLANT(S): /PETITIONER: ----------------------------------- MR. GOPALAN A.K., AGED 58 YEARS, S/O. LATE AYYAPPAN, KUTTADAN MANCHUVATTIL HOUSE, MEVALLOOR P.O., VIAKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S): RESPONDENTS: ---------------------------------------- 1. MR.K.C.MATHEW, S/O. K.K.CHAKKO, KUNNATHOOR HOUSE, VELLOOR VILLAGE, MEVALLOOR KARA, VIAKOM TALUK, KOTTAYAM DISTRICT. 2. MR. BIJU, S/O. VELAYUDHAN, CHELACHUVATTIL HOUSE, KARIKODE KARA, MULAKULAM VILLAGE, KARIKODE P.O., VAIKOM TALUK, KOTTAYAM DISTRICT. 3. M/S. ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, T.H. TOWER, MARKET ROAD, MUVATTUPUZHA, REPRESENTED BY ITS BRANCH MANAGER. ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J U D G M E N T Since the delay condonation application is dismissed for default, the appeal also stands dismissed. 1/12/2008 Sd/-M.N. Krishnan, Judge. // true copy // P.A. TO JUDGE. M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 779 OF 2006 --------------------------------- Dated this the 12th day of January, 2009 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Kottayam in O.P.(MV) No.507/97. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs. 7,000/- with 9% interest. It is against that decision the claimant has come up in appeal. 2. The learned counsel for the claimant and the Insurance Company were heard. The learned counsel had made available before me the treatment certificate issued by the Medical Trust Hospital, Ernakulam which would reveal that he had sustained a dislocation of the acromion clavicular joint. He was admitted on 29.6 96 and discharged on 1.7.96 with a direction to take rest for a period of three weeks. Thereafter it is seen that he had undergone Ayurvedic treatment for a period of 30 days from 1.7.96 to 30.7.96 and further found that he was fit to join service after 31.7.96. The salary certificate produced would show that he was drawing Rs. 14,000/- including all allowances. He was aged 49 years at the time of the accident. When a person is bound to take leave on M.A.C.A. 779/2006 -2- account of the injuries sustained in the accident and when he was sufficient service left over, it is a settled proposition now that he has to be compensated for the leave taken for the reason but for the sustainment of injuries, he would not have taken the leave and when a later occasion comes up for taking leave, he may be forced to take leave even without allowance. Therefore it is desirable that he is compensated for the leave taken. I award an amount of Rs. 10,000/- under the head of loss of earning. Similarly a person with a dislocation of acromion clavicular joint had undergone treatment for a period of about 35 days which would result in pain and suffering and therefore I enhance the compensation for pain and suffering by Rs. 3,000/-. Certainly it would have caused him temporary loss of amenities and enjoyment in life for which I award an amount of Rs. 2,000/-. Thereby making an additional compensation of Rs. 15,000/-. But there was a delay of 939 days i.e. the award was passed on 25.10.2002 and the appeal was filed on 7.4.2006. So during this period the claimant is not entitled to any interest. Therefore the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 15,000/- with 7.5% M.A.C.A. 779/2006 -3- interest on the said sum from the date of petition till 25.10.2002 and from 7.4.2006 till realisation. The Insurance Company is directed to deposit the amount within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm