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T.K.Sivan vs Shaji K.J on 17 March, 2010

Kerala High Court
T.K.Sivan vs Shaji K.J on 17 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1993 of 2009()


1. T.K.SIVAN, AGED 40 YEARS, S/O.AYYAPPAN,
                      ...  Petitioner

                        Vs



1. SHAJI K.J, AGED NOT KNWON,
                       ...       Respondent

2. SHIJU A.V, AGE NOT KNWON, S/O.VARGHESE

3. UNITED INDIA INSURANCE CO.LTD, KALPETTA

                For Petitioner  :SRI.N.J.ANTONY

                For Respondent  :SRI.P.MURALEEDHARAN

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

 Dated :17/03/2010

 O R D E R
                     M.N.KRISHNAN,J.
             ======================
                M.A.C.A No.1993 OF 2009
             ======================
         Dated this the 17th day of March 2010.

                         JUDGMENT

The owner and driver in spite of notice in the delay

condonation application did not respond. The Insurance

Company has appeared. This is an appeal preferred against

the award of the Motor Accidents Claims Tribunal, Wayanad

Kalpetta in O.P.(MV) No.342/2002. The claimant, a pillion

rider in a two wheeler sustained injuries in a road accident

and Tribunal awarded him Rs.7,150/- and exonerated

Insurance Company from the liability on the ground that

that policy is only act only policy. Aggrieved by the same

the claimant has come up in appeal.

2. Heard. The learned counsel for the appellant as well

as the Insurance Company. Learned counsel for the

appellant had also made available before me for perusal a

copy of the discharge summary issued by the Medical

College Hospital ,Kozhikode. It can be seen that the

M.A.C.A No.1993 OF 2009 2

claimant was admitted on 21.3.2002 and discharged on

27.3.2002 and a surgery called tempero parietal

craniotomy was done on 21.3.2002 and in the C.T scan it

was revealed large axial heamatoema in the right parietal

region with mass effect. So surgery was done for the

purpose of evacuating the same. The Tribunal has awarded

a very nominal compensation of Rs.7,150/-. Considering the

nature of the injuries, the claimant would entitled to

additional compensation as follows:-

For loss of earning I grant him Rs.1,000/- more.

Considering the nature of injury the treatment and the

surgery, I award Rs.5,000/- more towards pain and

suffering. Certainly it would have caused loss of amenities

in life at least temporarily, for which I grant Rs.2,000/- more

making an additional amount of Rs.8,000/- as

compensation.

3. So far as liability of the Insurance Company is

concerned since the vehicle is covered only by an act only

policy applying the dictum in Tilak singh’s case 2006 (2)

M.A.C.A No.1993 OF 2009 3

KLT 884 (SC) united India Insurance Company Ltd. V.

Tilak Singh, the Insurance Company is not liable and that

finding has to be confirmed as well.

In the result, the appeal is partly allowed and the

claimant is awarded an additional compensation of

Rs.8,000/- with 6% interest from the date of petition till

realisation and respondents 1 and 2 are liable to pay the

same.

M.N.KRISHNAN,JUDGE.

mns

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