VELURI PADMAVATHI Vs. MANEM RAVINDRANATH BENERJEE

JUDGEMENT

(1.) THE appellant, who is an employee in Life Insurance Corporation of India, while going to office on a Luna Moped driven by her brother suffered multiple injuries (11) in an accident that occurred on 2-5-1989 at Visakhapatnam due to rash and negligent driving of jeep bearing registration No. 9929 owned by 2nd respondent and insured with the 3rd respondent. She filed O. P. in Motor Accidents Claims Tribunal, Visakhapatnam (for short 'the Tribunal') claiming compensation of Rs. 3,12,000/- under the following heads:

(2.) THE owner who is R-2 has been served and nobody appears for him while R- l, driver, has been given up by the appellant. Though the Insurance Company which insured the Luna Moped is made a party, no relief is sought against it either here or in the Tribunal. Special Damages:

(3.) THE appellant has stated that she was in K. G. Hospital, Visakhapatnam from 2-5-1989 to 11-9-1989 and later in a private nursing home for four days when she had operation and was advised to take rest up to 15-2-1990. She could not attend the office till 16-2-1990. She claimed Rs. 38,000/- as loss of past earnings for 12 months, her total monthly emoluments being Rs. 3,200/- per month. Deposing as P. W. I, she says that she was on loss of pay for five months but she has not produced any certificate in proof of the same. Though the appellant has been granted leave with pay for the balance 4 1/2 months, she is justified in claiming loss for this period also on the ground that her leave account has been debited and consequently she is deprived of encashing her surrender leave, which benefit is available to the employees of Life Insurance Corporation of India. Hence, whether it is leave with pay or without pay, she is entitled to claim amount equivalent to salary for 9 1 /2 months which comes to- Rs. 30,400/- under the head 'loss of past earnings'.