IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 MACA.No. 1200 of 2004(G) ------------------------ OPMV.1130/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): APPELLANT/APPLICANT: ---------------------------------- N. CHITRAKUMAR, AGED 39, S/O. NEELAKANTA PILLAI, T.C.37/2004, NILAVU FORT, THIRUVANANTHAPURAM-23. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): RESPONDENT: -------------------------- 1. RAVEENDRAN NAIR, S/O. RAGHVAN PILLAI, T.C.18/783, AJIMANDIRAM, KURACHAL, THRIKKANNAPURAM, THIRUMALA, THIRUVANANTHAPURAM. 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., KOTTARATHIL BUILDING PALAYAM, THIRUVANANTHAPURAM. ADV. SRI.S.M.PREM FOR R1 SMT.K.P.SANTHI FOR R1 SRI.VPK.PANICKER FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1200 of 2004 .................................................................... Dated this the 6th day of November, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed challenging the order of the MACT rejecting claim petition filed by the appellant for compensation. The contention of the appellant is that the autorickshaw in which he travelled capsized on 10.11.1996 and though he was taken to PRS Hospital on the same day, he left the Hospital on 12.11.1996 to go to another Hospital by name G.G. Hospital where he was treated by an Orthopaedic Doctor. However, it is seen that appellant has undergone treatment only as an outpatient and the complaint reported is fracture of the neck of humerus. The Doctor has certified short term full disability for upto six weeks. It is seen that FIR was registered only on 23.11.1996, though the accident occurred on 10.11.1996. There is no explanation as to why there was such delay in launching the information to Police. Moreover, there is no document pertaining to admission in the first Hospital where appellant went and no injury/wound certificate is also 2 produced by the appellant. The MACT, therefore, declined to grant any compensation to the appellant. 2. Counsel for the appellant contended that appellant is an artist by profession and as a result of the accident, he is not able to carry on his profession. However, the medical certificate produced does not prove any permanent disability. On the other hand, disability is only temporary even according to the certificate issued by the Doctor. Moreover, if the claim of the appellant that his right humerus was fractured is true, we do not know how it could be treated as an outpatient. All what is disclosed by records is the temporary disability for six weeks. Considering all these, we award a compensation of Rs.12,000/- without interest which the Insurance Company is directed to pay directly to the appellant on production of copy of this judgment. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms