IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 1376 of 1999()
1. M.K.CHANDRAN
... Petitioner
Vs
1. PRAKASH
... Respondent
For Petitioner :SRI.M.M.SAIDU MUHAMMED
For Respondent :SRI.JOHN KOSHY
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :31/08/2006
O R D E R
J.B. KOSHY & M.SASIDHARAN NAMBIAR, JJ.
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M.F.A. No.1376 of 1999
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Dated this the 31st day of August, 2006
Judgment
Koshy,J.
Appellant filed an application for compensation
claiming Rs.50,000-00 for injuries sustained in a motor
accident occurred on 22-5-1994. On that day, appellant
was travelling in an autorickshaw, bearing registration
No.KL 7E/5070, from Perumbavoor to Iringole in west to
east direction. The autorickshaw was driven by the first
respondent. The autorickshaw collided against another
autorickshaw bearing registration No. KL7B/669 which was
coming from opposite direction. The autorickshaw in which
the appellant was travelling overturned. The appellant
and other passengers in the autorickshaw sustained
serious injuries. The appellant sustained injuries such
as:
(1)lacerated wound (R) temporal region; and
(2) fracture (R) clavicle.
No permanent disability certificate was produced. Motor
Accidents Claims Tribunal, on the basis of evidence,
found that the accident occurred mainly due to the
negligence of the driver of the autorickshaw KL7E/5070.
M.F.A.No.1376/99 2
But, the driver of the other autorickshaw was also
negligent by 20%. The above finding is based on evidence
and affirmed in other cases. That autorickshaw driver
was not made as a party. The tribunal calculated total
compensation payable to him at Rs.19,500/-. After
deducting 20%, compensation of Rs.15,600/- was awarded to
the claimant with 12% interest from the date of
application till the date of realisation. The claim was
filed in 1994. The award itself was passed only on
31-5-1999. Considering the fact that the accident
happened in 1994 and also considering the nature of
injuries, total amount of compensation awarded, rate of
interest granted etc., we are of the opinion that the
tribunal has granted just and reasonable compenstion and
no interference is required. The appeal is dismissed.
J.B.KOSHY
JUDGE
M. SASIDHARAN NAMBIAR
JUDGE
vaa
J.B. KOSHY AND
M.SASIDHARAN NAMBIAR,JJ.
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M.F.A. No. 1376 of 1999
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Judgment
Dated:31st August, 2006