IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 MACA.No. 192 of 2009(D) ---------------------- OPMV.574/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): PETITIONER ------------------------ RAJASEKHARA MENON, S/O.GOPALAPILLAI, AGED 43 YEARS, KALANILAYAM, KAITHAVANA WARD, SANATHANAPURAM P.O., ALAPPUZHA. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): RESPONDENTS -------------------------- 1. JOSE PAUL, PUTHEZHATHU HOUSE, DESABHIMANI ROAD, KALOOR ERNAKULAM. 2. HARRY RAPHEL, S/O.FRANCIS XAVIER, CHAKKALAKAL HOUSE, SOUTH OF KARUTHEDAM CHURCH, ELAMKUNNAPUZHA, VYPIN, ERNAKULAM. 3. NATIONAL INSURANCE CO.LTD., REPRESENTED BY ITS BRANCH MANAGER, ALAPPUZHA. ADV. SRI.SHAIJAN C.GEORGE FOR R1 & 2 SRI.JOHN VIPIN FOR R1 & 2 SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 192 OF 2009 = = = = = = = = = = = = = = = Dated this the 4th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV)574/02. The claimant, an employee of the BSNL sustained injuries in a road accident thereby he had sustained a small abrasion over the right knee and sprain over the right ankle. It has to be understood that sprains can cause problems and it is always very painful. A disability certificate is produced which has not been accepted by the Tribunal which indicates that he had some difficulty in walking. The learned counsel had made available before me a copy of the leave certificate which shows that from 7.9.2001 to 18.9.2001 he was on commuted leave on medical ground and from 19.9.01 to 9.10.01 he was on earned leave also on medical ground which indicates that after the accident on 6.9.2001 he had suffered till 9.10.2001 and he was on two types of leave. The other leaves pointed out are of the year 2005 etc. for M.A.C.A. 192 OF 2009 -:2:- which there is no evidence to show that it was on account of the injuries sustained in the accident he has to take those leaves. Therefore 33 days leave can be taken into account and as the salary is shown as Rs.5,156 as take home pay I award a sum of Rs.5,000/- towards loss of earnings which means an enhancement by Rs.3,500/-. The fact that he had to take leave for about 33 days indicates that he was sufferings from acute pain as well as difficulties in walking which should have resulted in loss of amenities and enjoyment in life as well. Therefore towards loss of amenities and pain and sufferings I award Rs.2,000/- each more making it a total additional compensation of Rs.7,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,500/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-