High Court Kerala High Court

Amrutha Sankar vs Anton Biju A.J on 11 August, 2008

Kerala High Court
Amrutha Sankar vs Anton Biju A.J on 11 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1837 of 2007()


1. AMRUTHA SANKAR,CHENGALATHU HOUSE,
                      ...  Petitioner

                        Vs



1. ANTON BIJU A.J,ASARIPARAMBIL HOUSE,
                       ...       Respondent

2. SINULAL,THALATHUR HOUSE,EROOR KARA,

3. THE NEW INDIA ASSURANCE COMPANY LTD,

4. THE MANAGING DIRECTOR,KERALA STATE ROAD

                For Petitioner  :SRI.S.ANANTHAKRISHNAN

                For Respondent  :SRI.P.VIJAYA BHANU

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

 Dated :11/08/2008

 O R D E R
                          M.N.KRISHNAN, J.
                          --------------------------
            M.A.C.A. Nos. 1837, 1843 & 1885 OF 2007
                            ---------------------
              Dated this the 11th day of August, 2008

                              JUDGMENT

These appeal are preferred against the award passed by

the Motor Accident Claims Tribunal, Muvattupuzha, in OP(MV)

Nos.1709/03, 1462/03 & 1464/03. The Tribunal has awarded

Rs.31,730/- in OP(MV) 1462/03, Rs.3,460/- in OP(MV) 1464/03 and

Rs.3,530/- in OP(MV) 1709/03.

2. Two vehicles namely a car and a KSRTC bus were

involved in the accident. The car was a private car. The Tribunal

found that the driver of the car is responsible for the accident. It also

found that the occupants of the car were passengers who can be

classified as gratuitous passengers and therefore in the light of New

India Assurance Co. Ltd. v. Asha Rani [2003 (1) KLT 165 (SC)]

and United India Insurance Co. Ltd. v. Tilak Singh [2006 (4) SCC

404] held that they are not covered by the policy for the reason that

the policy was only Act only policy.

3. So far as that point is concerned, admittedly being the

passengers of a private car and the car being insured only on the

MACA No. 1837/07 & Conn. Cases 2

basis of an Act only policy, the finding of the Tribunal on that point

cannot be disturbed.

4. As far as quantum is concerned, Rs.31,730/- is awarded

in OP(MV) 1462/03. It can be seen that the claimant had sustained

two lacerated wounds on the wrist and dorsal aspect of the right

hand, one laceration on the little finger and laceration of 20×1 cms in

the forehead. She was treated as inpatient in the hospital from

10.9.03 till 26.9.03. The Tribunal also considered the treatment

certificate. It fixed the income of the claimant at Rs.2,000/- and

awarded compensation under each and every head. The Tribunal

had taken note of the period of treatment, the nature of injuries and

had awarded a proper compensation even for loss of amenities and

enjoyment in life. I find that the award is reasonable and that it does

not call for any interference.

5. So far as OP(MV) 1709/03 is concerned, the claimant

had only tenderness on the shoulder. He was treated as inpatient in

the hospital for only one day and had expended a sum of Rs.1,022/-

for treatment. The Tribunal awarded him Rs.3,530/-. The fact that

he was in the hospital for three days coupled with some contusion

and tenderness, it would have prevented him from doing any work for

MACA No. 1837/07 & Conn. Cases 3

a period of two weeks. So I feel this is a fit case where an additional

compensation of Rs.1,000/- can be awarded as compensation.

6. So far as OP(MV) 1464/03 is concerned, the claimant

had tenderness on the right shoulder, forehead and right knee. The

treatment expenses were Rs.956/-. The Tribunal awarded a sum of

Rs.3,460/-. Considering the nature of the injuries, I feel atleast sum

of Rs.1,000/- more has to be awarded.

In the result, M.A.C.A. No. 1843/07 is dismissed.

M.A.C.A. Nos. 1837/07 & 1885 /07 are partly allowed. The

claimants in M.A.C.A. Nos. 1837/07 & 1885 /07 are awarded a sum

of Rs.1,000/- each as additional compensation with 8.5% interest on

the said sum also from the date of petition till realisation.

Respondents 1and 2 are directed to deposit that amount also along

with the other award amount within 90 days from today.

M.N.KRISHNAN, JUDGE
vps

MACA No. 1837/07 & Conn. Cases 4