High Court Kerala High Court

Ajikumar @ Aji vs Sushobhana Kumari on 19 January, 2009

Kerala High Court
Ajikumar @ Aji vs Sushobhana Kumari on 19 January, 2009
       

  

  

 
 
  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
                        -----------------------
                    M.A.C.A.No. 567 OF 2008
                   ---------------------------------
              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
-2-

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
vkm