IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 813 of 1997()
1. K.MOHAMMED
... Petitioner
Vs
1. MOHAMMED MUSTHAFA
... Respondent
For Petitioner :SRI.T.C.MOHANDAS
For Respondent :SRI.MATHEW JOHN
The Hon'ble MR. Justice K.PADMANABHAN NAIR
Dated :21/03/2007
O R D E R
K.Padmanabhan Nair,J.
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M.F.A.No.813 of 1997-A
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Dated, this the 21st day of March, 2007
JUDGMENT
The applicant in O.P.(M.V.).No.131 of 1993 on the file
of Motor Accidents Claims Tribunal, Palakkad is the appellant. The
appellant sustained injuries in a road traffic accident at about
2.00 A.M. on 12.7.1992. He was driving a bullock cart. At that
time, a lorry bearing registration No.KRD 1087 came from the
rear side of the bullock cart and hit against the cart. According to
the appellant, one of the bullocks died at the spot and the other
ox sustained severe injuries. The cart also sustained substantial
damages. The appellant, who sustained injuries, was admitted in
the hospital and treated as an inpatient. He filed petition claiming
compensation. The Tribunal after enquiry awarded an amount of
Rs.2,950/- towards the appellant’s personal injuries and costs
and Rs.5,000/- for the damages sustained to the bullock cart as
well as the value of the bullock. Challenging that quantum of
compensation, the claimant has filed this appeal.
M.F.A.No.813 of 1997
– 2 –
2. The finding of the Tribunal that the accident
occurred due to the negligence of the driver of the lorry and the
appellant is entitled to compensation for his personal injuries,
value of bullock and also the damages caused to his bullock cart
all that became final and conclusive.
3. The appellant was awarded Rs.2,600/- for the
personal injuries and Rs.350/- towards costs. This is a very
meagre compensation. The Tribunal awarded only Rs.300 for
treatment. Though the appellant was admitted in the hospital on
12.7.1992 and discharged on 26.7.1992. I am awarding Rs.400/-
more towards medical treatment. For pain and suffering, the
Tribunal awarded only Rs.1,500/-. The Tribunal ought to have
awarded an amount of Rs.3,000/- on that count. So, an
additional amount of Rs.1,500/- is awarded for pain and
suffering. Towards loss of amenities, the Tribunal awarded
Rs.400/- only. I am of the view that at least Rs.1,000/- ought to
have been awarded on that count. I am awarding an additional
amount of Rs.600/- for loss of amenities. So, the appellant is
entitled to get Rs.2,500/- more for the injuries sustained by him.
M.F.A.No.813 of 1997
– 3 –
4. The Tribunal itself found that the bullock cart
sustained substantial damages and one of the bullocks sustained
injuries. The Tribunal did not accept the case of the appellant
that one of the oxen died and hence no compensation was
awarded for the other bullock. I do not find any reason to
disbelieve the oral evidence of the appellant. The lorry came from
behind and hit against the bullock cart. The cart sustained
substantial damages and one of the bullocks sustained very
serious injuries. So, it is very difficult to hold that the other
bullock did not sustain any injury at all. So, I accept the oral
evidence of P.W.1 and hold that one of the oxen died and the
other sustained injuries in the accident. The Tribunal ought to
have awarded Rs.5,000/- as value of the bullock died. The
compensation of Rs.2,000/- awarded for the repair of the bullock
cart is also meagre. The Tribunal ought to have awarded
Rs.4,500/- on that count. So, an additional amount of Rs.2,500/-
is awarded towards the repair charges of the bullock cart. Thus,
the appellant is entitled to get an additional compensation of
Rs.7,500/- for the damage sustained to the bullock cart and also
value of the bullock died.
M.F.A.No.813 of 1997
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In the result, the appeal is allowed in part. An
additional award is passed allowing the appellant to recover an
amount of Rs.10,000/- (Rupees ten thousand only) with interest
at the rate of 7% per annum from the date of petition till
realisation. The 3rd respondent, Insurer, shall pay that amount
also.
K.Padmanabhan Nair
Judge
vku/-