IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 MACA.No. 1993 of 2009() --------------------- OPMV.342/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER ------------------------ T.K.SIVAN, AGED 40 YEARS, S/O.AYYAPPAN, THEKKEKARA, THALAPPUZHA PO, MANANTHAVADY TALUK, WAYANAD DIST. BY ADV. MR.N.J.ANTONY RESPONDENT(S): RESPONDENT ------------------------- 1. SHAJI K.J, AGED NOT KNWON, S/O.JOSEPH, KUTTUPURACKAL HOUSE, PUTHUSSERY P.O, MANANTHAVADY TALUK. 2. SHIJU A.V, AGE NOT KNOWN, S/O.VARGHESE ADUKUZHIYIL, ARATTUTHARA, MANANTHAVADY. 3. UNITED INDIA INSURANCE CO.LTD, KALPETTA ADV. MR.P.MURALEEDHARAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SS/. 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