IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 MACA.No. 968 of 2004(G) ----------------------------------- O.P(MV).NO.1597/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM. .................... APPELLANT/PETITIONER: ------------------------------------- SARASAMMA, W/O.SHANKARAN, AGED 53 YEARS, MAZHUVANCHERIL HOUSE, THIRUVATHUKAL BHAGOM, KARAPPUZHA KARA, KOTTAYAM VILLAGE. BY ADV. SRI.K.A.HASSIM. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. RAVEENDRAN PILLAI, S/O.PACHUPILLAI, ILLATHUPARAMBIL HOUSE, KARAPPUZHA KARA, KOTTAYAM VILLAGE. 2. LAKSHMIKUTTY, TRAVANCORE CEMENTS QUARTERS, NATTAKOM, KOTTAYAM. 3. THE NEW INDIA ASSURANCE CO.LTD., KOTTAYAM. BY ADV. SRI.A.C.DEVY - R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 968 OF 2004 = = = = = = = = = = = = = = = Dated this the 12th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1597/00. The claimant, a teacher by profession aged 50 years sustained injuries in a road accident. She had sustained a fracture on the ulna and the Doctor had certified her disability at 6%. The Tribunal awarded a total compensation of Rs.22,000/-. It is against that decision the present appeal is preferred. Since the insurance company has entered appearance and as the accident and policy is admitted notice to R1 and R2 are already dispensed with. The Tribunal did not grant any compensation for permanent disability or loss of earning power on the ground that she has not suffered any loss of earning as she is employed in a school. It is true that there may not be any loss of earning capacity till the age of 55 years but as the longevity of life is more than 72 M.A.C.A. 968 OF 2004 -:2:- now and being a teacher by profession she would have been in a position to do work for some more years to come and that has not been taken note of by the Tribunal. The disability certificate shows stiffness as well as restriction of movements. Therefore I feel that for the purpose of calculation disability of 3% need to be taken. If her income is taken as Rs.2,000/- and 3% as disability then the annual loss of earnings will be Rs.720/- applying a multiplier of 8 it will come to Rs.5,760/-. There will be loss of amenities and enjoyment in life and for that no compensation is awarded. I award a sum of Rs.3,000/- thereby Rs.8,760/- is awarded under those heads. 2. The next point the learned counsel would contend is that the Tribunal has accepted the leave certificate but has failed to calculate it properly. It has only granted loss of earning power for 1½ months. But the certificate would show that she was on leave from 12.8.08 to 31.10.00, i.e. for 81 days. The tribunal has only granted compensation for 45 days. It is a well settled position that even if there is no M.A.C.A. 968 OF 2004 -:3:- actual loss of earning during that relevant period it has been held by the Courts that she could have availed of this leave at a later point of time and when necessity arises she may have to forego the earnings and therefore compensation has to be awarded. Applying that principle for the remaining 36 days after exclusion of the HRA, it will come to Rs.9,576/-. Therefore, the total additional compensation would come to Rs.18,336/- which I round as Rs.18,400/-. On all other heads adequate compensation has been awarded. Therefore MACA is partly allowed and the claimant is awarded an additional compensation of Rs.18,400/- with 7% 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/-