High Court Kerala High Court

M.G. Thomason vs Deepak D. Powani on 2 July, 2008

Kerala High Court
M.G. Thomason vs Deepak D. Powani on 2 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 579 of 2003()


1. M.G. THOMASON, AGED 32 YEARS,
                      ...  Petitioner

                        Vs



1. DEEPAK D. POWANI, S/O. RAL CHOTTABAR,
                       ...       Respondent

2. P.N. SABU, PANACHIKKAL HOUSE,

3. THE ORIENTAL INSURANCE CO.LTD.,

                For Petitioner  :SRI.R.SUDHISH

                For Respondent  :SRI.P.V.JYOTHI PRASAD

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :02/07/2008

 O R D E R
                              M.N.KRISHNAN, J.
                              --------------------------
                           M.A.C.A. No. 579 OF 2003
                                ---------------------
                      Dated this the 2nd day of July, 2008

                                  JUDGMENT

This appeal is preferred against the award passed by the Motor

Accident Claims Tribunal, Ernakulam, in OP(MV) 1660/96. The claimant

who was riding on a motor cycle sustained injuries on account of the

collision with a jeep. The Tribunal dismissed the application filed by the

claimant for compensation. It is against that decision, the claimant has

come up in appeal.

2. Learned counsel would contend that the finding of the

Tribunal is erroneous. According to him, his client was coming from

Thoppumpady towards Thevara and wanted to turn to the right side

whereas the jeep was coming from the Willington Island wanted to turn to

the left side i.e., to the Thoppumpady side. The accident had taken place

on the right side of the junction. When the vehicles want to have a turn at

a junction, there is a principle that one has to slow down the vehicle or halt

the vehicle and then proceed so that they are sure about the road

clearance. It is true that the accident had taken place 4.54 meters south of

the northern tar end. Therefore it is clear that the accident had taken place

on the junction point. Being a heavy vehicle the driver of the jeep is

expected to be more cautious. Similarly the motor cyclist should also have

taken reasonable care in such a wide road. If it has been done, the

MACA No.579/03 2

accident could have been averted. So this is a case where both the parties

have contributed to the accident. Being the driver of a heavy vehicle, I

apportion the negligence at 60% on the jeep driver and 40% on the motor

cyclist.

3. It is true that the Tribunal has not fixed the quantum of

compensation. Since I want to avoid a remand, with the help of the

counsel appearing for both sides and on perusal of the documents, I

proceed to fix the compensation. The claimant had sustained a fracture on

the neck of the talus. He had also pain and contusion over the left parietal

area and linear abrasion on the left thigh and was treated as inpatient in

the hospital for a period of 8 days. He was working with Abad Fisheries.

Ext.A8 would reveal that he was receiving an income of Rs.2,000/- per

month. Ext.A6 medical bill would show that he had spent Rs.5631.75/-

towards medical expenses. So with these documents, I proceed to fix the

compensation.

4. So far as medical expenses is concerned, the bills evidence

Rs.5631/-. Therefore, I allow Rs.5,700/- towards medical expenses. He

was in the hospital for 8 days and certainly his clothes would have also

damaged. Therefore, I allow a sum of Rs.1,000/- towards bystanders

expenses and damage to clothing. Certainly he would have taken some

extra nutritious food for which I award a sum of Rs.500/-. On account of

the same it is submitted that he was not in a position to do the work for

MACA No.579/03 3

almost three months. Therefore, I grant him Rs.5,000/- towards loss of

earning. On account of the fracture on the foot, there would have been

difficulty for him and he would have suffered pain for which I allow

Rs.7,000/-. Towards loss of amenities and enjoyment in life on account of

the fracture sustained I allow Rs.6,000/- towards that head. Therefore, the

claimant is entitled to a compensation of Rs.25,200/-. He is entitled to 60%

of the same which would come to Rs.15,120/-.

Therefore, the appeal is partly allowed and the claimant is

awarded a sum of Rs.15,120/- with 7 % interest on the said sum from the

date of petition till realisation from the respondents. The Insurance

company is directed to deposit the amount within a period of 60 days from

the date of receipt of a copy of this judgment. Being an old case, the

Tribunal can consider sympathetically regarding the disbursement of the

entire amount.

M.N.KRISHNAN, JUDGE
vps

MACA No.579/03 4