IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 3036 of 2008()
1. K.LOKHITHAKSHAN,S/O.CHOYI, AGED 41,
... Petitioner
Vs
1. C.ABDUL KAREEM, CHEMBAYIL HOUSE,
... Respondent
2. IBRAHIMKUTTY, S/O.KAMMU, CHEMBAYIL HOUSE
3. THE ORIENTAL INSURANCE CO.LTD,BRANCH
For Petitioner :SMT.K.V.RESHMI
For Respondent :SMT.A.SREEKALA
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :12/03/2010
O R D E R
M.N.KRISHNAN,J.
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M.A.C.A.Nos.3036 & 3040 OF 2008
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Dated this the 12nd day of March 2010.
JUDGMENT
These appeals are preferred against the award of the
Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV).
No.1876/2003 and 1877/2003 respectively. The husband
and wife who were traveling on a bike met with an accident
resulting in injuries to them and the Tribunal has awarded
Rs. 2,700/- to both the claimants after deducting 10%
contributory negligence. It is against that decision the
claimant has come up in appeal. So far as O.P.(M.V)
No.1876/2003 is concerned, it is the wife who has moved
the application and a perusal of the award would reveal that
she had sustained a fracture of the clavicle, besides other
small injuries. The Tribunal felt that in the absence of
production of the x-ray, it is not in a position to know the
seriousness of the fracture. But the fact remains that she
had sustained a fracture of the clavicle. I proceed to
M.A.C.A.Nos.3036 & 3040 OF 2008 2
determine compensation as follows:-
For loss of earning as house wife/as a tailor I grant
Rs.3,000/- for loss of earning. Towards treatment, extra
nourishment, damage to cloth etc. I grant a sum of
Rs.1,000/-. Towards pain and suffering an amount of
Rs.8,000/- is awarded. Towards loss of amenities Rs. 3,000/-
is awarded. Making it a total compensation of Rs.15,000/-
after deducting 10% contributory negligence the
entitlement would be Rs.13,500/- .
2. Now let me consider about O.P.(MV).No. 1877/2003.
It is the case of the husband that he had sustained fracture
of the ulnar styloid, fracture 4th metacarpal and fracture
distal phalanx of right finger. He had also other superficial
injuries. So he also sustained three fractures. I feel that the
amount would have been spent by him also and can be
considered in the same line on that of his wife and I award a
sum of Rs.15,000/-. After deducting the contributory
negligence he will be entitled to Rs.13,500/-.
3. I have to state that the approach made by the
Tribunal in finding a larger percent as negligence and
M.A.C.A.Nos.3036 & 3040 OF 2008 3
deducting a lesser percent is unknown to law and said
Tribunal is repetitively committing the same mistake.
Since the other side has not filed an appeal and after going
through the seen mahazar, I find that there need not be any
further deduction on contributory negligence, I confirm
that finding.
In the result, both M.A.C.As are disposed of and in O.P
(MV).No.1876 and 1877/2003 the claimants therein are
awarded compensation of Rs.13,500./- each with 7.5%
interest from the date of petition, till realisation and the
respondent Insurance Company is directed to deposit the
said amount in both the cases within a period of 60 days
from the date of the receipt of the copy of the judgment. If
any amount is already paid or deposited that shall be given
credit to and balance need be deposited.
M.N.KRISHNAN,JUDGE.
mns