IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1363 of 2006()
1. ALEX KALLUPURACKAL @ ANISH,
... Petitioner
Vs
1. DENNY KURIAN,
... Respondent
2. THE NEW INDIA ASSURANCE CO. LTD.,
For Petitioner :SMT.BETTY K.ALUKKA
For Respondent :SRI.THOMAS MATHEW NELLIMOOTTIL
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :19/11/2008
O R D E R
M.N. KRISHNAN, J
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M.A.C.A.No. 1363 OF 2006
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Dated this the 19 th day of November, 2008
JUDGMENT
This appeal is preferred against the award of the Motor
Accident Claims Tribunal, Kottayam in O.P.(MV) 2001/2002. The
claimant, a young man, sustained injuries in a road accident. It has
been considered by the Tribunal in Paragraph 14 to 16 of the award.
The tribunal awarded a total compensation of Rs. 18,950/- deducted
20% for the discard of the traffic rule and directed the Insurance
company to pay Rs. 15,160/-. It is against that decision the
claimant has come up in appeal.
2. Heard the learned counsel for the appellants as well as the
Insurance Company. The tribunal had deducted 20% for violating
the traffic rules. The traffic rule alleged to be committed by this
person is that he had taken two persons as pillion riders in the
vehicle ridden by him. The tribunal in the opening paragraph of the
award regarding finding on the first issue came to a solid conclusion
that the motor cyclist was riding only through the proper side and
the autorickshaw had absolutely transgressed to the wrong side and
caused the accident, thereby making the driver of the autorickshaw
M.A.C.A.No. 1363 OF 2006
2
totally liable. In order to deduct the amount from compensation
there must be contributory negligence. Here the mere factum of
three persons traveling in a vehicle does not ipso facto show that
they were negligent. The tribunal also found that the negligence
was on the autorickhsaw driver. Therefore the finding of deducting
20% by the tribunal is not supported by any law. Therefore it is set
aside. So far as the compensation is concerned, it is true that the
claimant had only undergone outpatient treatment in the hospital.
The injuries sustained by the person are lacerated wound 3×3 cm
bone deep over the eye brow and lacerated wound on the nose.
He has sustained a fracture of the nose and had been treated in the
Medical College Hospital, Kottayam and subsequently in Bharath
Hospital, where he had undergone surgery for removal of the scars
over the fore-head, which was done on 9.2.2005 and discharged on
16.2.2005. It is also seen from the award that it is a qualified
AIME. Certainly on account of this injury he would have been
prevented from doing any work for 4-6 weeks and therefore I award
an amount of Rs. 2,000/- towards loss of earning. The injury which
was created as scars on the face and nose certainly would have
affected the person and there would have been discomfort and loss
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3
of amenities in life. I award an amount of Rs. 2,000/- under that
head. Thereby enhancing the compensation by Rs. 4,000/- as
additional.
Therefore the M.A.C.A is partly allowed and the claimant is
awarded a total compensation of Rs. 23,000/- with 7% interest on
the said sum from the date of petition till realization. The Insurance
Company is directed to deposit the same within 60 days from the
date of receipt of copy of the judgment.
M.N. KRISHNAN,JUDGE
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