IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 567 of 2008()
1. AJIKUMAR @ AJI,S/O. DEYANANNAN
... Petitioner
Vs
1. SUSHOBHANA KUMARI, W/O. REMANAN
... Respondent
2. SASI, S/O. KUMARAN
3. NATIONAL INSURANCE CO.LTD
For Petitioner :SRI.P.V.BABY
For Respondent :SMT.SARAH SALVY
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :19/01/2009
O R D E R
M.N. KRISHNAN, J
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M.A.C.A.No. 567 OF 2008
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Dated this the 19th day of January, 2009
JUDGMENT
This appeal is preferred against the award of the Motor
Accident Claims Tribunal, Alappuzha in O.P.(MV) No.1090/2002.
The claimant while driving an autorickshaw and when reached the
K.S.R.T.C. bus stand Alappuzha, it met with an accident on account
of a collision with a bus. The tribunal dismissed the case on the
ground that the autorickshaw driver was negligent. It is against
that decision the claimant has come up in appeal.
2. Admittedly the autorickshaw was proceeding from west to
east and the bus from east to west. The correct side of the
autorickshaw was northern side and that of the bus was southern
side. The road is having a width of 9 metres at the place of the
accident and accident had taken place 3.25 metres south from the
northern tarred end. So it is crystal clear that the accident had
taken place on the northern side of the road. If it is on the northern
side of the road, the bus which came from east to west had clearly
transgressed to the right side. The tribunal had mistakenly held
that the autorickshaw was on the wrong side, though it has
M.A.C.A.No. 567/2008
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correctly located the place of the accident. The tribunal further held
that the charge sheet is wrongly laid against the bus driver.
Therefore the finding of the tribunal is set aside and held that the
driver of the bus was responsible for the accident.
3. The compensation is the next question. The claimant was
admitted in the hospital with a multiple abrasions and soft tissue
injury. Suturing was done. There was no internal injury and he was
discharged. A perusal of these documents would show that the
following compensation can be awarded to the claimant. Certainly
on account of the injuries, he would not have been in a position to
do any work for two weeks. I award an amount of Rs. 1,000/- for
loss of earning, Rs. 1,000/- for treatment expenses and towards
pain and suffering an amount of Rs. 3,000/- is awarded, making a
total compensation of Rs. 5,000/-.
In the result, the M.A.C.A is allowed and the claimant is
awarded a compensation of Rs. 5,000/- with 7% interest on the
said sum from the date of petition till realisation. The Insurance
Company is directed to deposit the same within a period of 60 days
from the date of receipt of copy of the judgment.
M.N. KRISHNAN,JUDGE
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