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
