IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1134 of 2009()
1. ANILKUMAR.K.S.,S/O.SREEDHARAN,
... Petitioner
Vs
1. JIMMICHAN MATHEW,S/O.MATHEW,
... Respondent
2. THE ICICI LOMBARD GENERAL INSURANCE
For Petitioner :SRI.K.A.HASHIM
For Respondent :SRI.GEORGE MATHEW
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :11/11/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1134 OF 2009
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Dated this the 11th day of November, 2009.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Pala in O.P.(MV)509/07. The
claimant sustained injuries in a road accident and he has
been awarded a compensation of Rs. 4,763/- after deducting
75% for the negligence of the rider of the vehicle in which he
was travelling and as no amount is claimed from the other
vehicle.
2. So far as the negligence is concerned by virtue of
my decision in MACA 1068/09 I have fixed the negligence at
60% on the auto rickshaw driver and 40% on the driver of
the car. Therefore the claimant will be entitled to get only
40% of the amount awarded as there is no claim against the
auto rickshaw driver.
3. So far as the quantum is concerned the claimant
had sustained sprain neck and contusion right forehead. A
perusal of the documents made available before me would
M.A.C.A. 1134 OF 2009
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show that she was advised to wear cervical collar and he had
severe complaints of recurrent pain. He had visited hospitals
on 26.7.2006, 9.8.06, 23.8.06, 4.9.06, 20.9.06 and
30.11.06. The accident had taken place on 29.6.06. There
are documents to show that thereafter also he had visited
hospital in 2007. At least actual loss of earnings has to be
given for four months which would come to Rs.12,000/- and
when the amount awarded of Rs.3,000/- is deducted the
additional compensation of Rs.9,000/- has to be given.
Similarly, no amount is seen granted for loss of amenities for
which I grant Rs.4,000/- thereby making a total
compensation of Rs.32,050/-. The entitlement of the
claimant would be 40% of the said amount which will come
to Rs.12,820/- after deducting Rs.4,763/- already granted
the balance amount would come to Rs.8,057/- which I round
as Rs.8,050/-.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.8,050/- with 9% interest on the said sum from the date of
M.A.C.A. 1134 OF 2009
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petition till realisation and the 2nd respondent in O.P.(MV) is
directed to deposit the same within a period of sixty days
from the date of receipt of a copy of the judgment.
M.N. KRISHNAN, JUDGE.
ul/-