IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 MACA.No. 1763 of 2008(A) ------------------------ OPMV.1774/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER:- ----------------------------- JOHNYKUTTY JOHN, AGED 57 YEARS, SON OF JOHN, KOLAKOMBIL, NOYAL, KOZHIKODE. BY ADV. MR. JACOB ABRAHAM MS. KOCHUMOL KODUVATH RESPONDENTS/ RESPONDENTS:- ------------------------------------- 1. MUHAMMED ILLIYAS, SON OF P.A ILLYAS, 16/1-C-TSP ROAD, KALASI PALAYAM, BANGLORE, 2. KHALID AHAMED, SON OF NASIR AHAMED M., NO.554 -15 CROSS KALASI, PALAYAM MAIN ROAD, BUS STAND, MANGALORE. 3. THE ORIENTAL INSURANCE CO.LTD., NO.3., KHENY BUILDING, 1ST CROSS, GANDHI NAGAR, BANGALORE. ADV. MR. P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== M.A.C.A. No. 1763 of 2008 ========================== Dated this the 1st day of June, 2009. JUDGMENT The claimant in O.P.(M.V.) No. 1774 of 2000 on the file of the Motor Accident Claims Tribunal, Kozhikode is the appellant in this appeal. The road traffic accident was on 17.11.1999 at 9.30 p.m. The claimant who is an officer in the State Bank of India, was driving his motor car bearing registration No. KL 11 B 4761 from Calicut to Eranhipalam when the offending bus bearing registration No. KA.01.B.9977 belonging to the 2nd respondent before the Tribunal and driven by the 1st respondent, came in a rash and negligent manner and hit on the left side of the car resulting in the car capsizing and the claimants sustaining injuries including the fracture of the 5th and 6th ribs on the left. As against his claim of Rs.75,000/-, the Tribunal awarded a sum of Rs.9500/-. 2. I heard the learned counsel for the appellant/claimant and the learned counsel for the 3rd respondent insurer namely Adv. Shri. P.V. Jyothi Prasad. Respondents 1 and 2 who are the owner and driver of the bus have remained ex parte. 3. The learned Tribunal has taken a too technical view of the matter. Even though the Tribunal was prepared to admit that the M.A.C.A. No. 1763/2008 : 2 : claimant sustained fracture on two ribs and suffered hospitalisation for 10 days, the impugned award was Rs.1000/- for hospitalisation, Rs.7000/- for pain and suffering, Rs.1000/- for loss of amenities and Rs.500/- for transportation totalling to a sum of Rs.9,500/-. 4. Having regard to the injuries sustained by the claimant and the duration of his hospitalisation, I am of the view that a sum of Rs.25,000/- shall be the just compensation for the claimant. Accordingly, the impugned award dated 02.08.2007 is set aside and the appellant/claimant is held entitled to a total compensation of Rs.25,000/- (Rupees twenty five thousand only) which shall bear interest at the rate of 6% per annum from 14.09.2000. Since the driver of the vehicle did not produce any valid driving licence, the Tribunal has permitted the insurer to recover the amount from the 1st respondent owner namely Muhamed Illiyas. The said direction shall stand. Dated this the 1st day of June, 2009. V. RAMKUMAR, JUDGE. rv M.A.C.A. No. 1763/2008 : 3 :