IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 MACA.No. 798 of 2005 ----------------------------------- OPMV.326/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER IN OP (MV)NO.326/94: ----------------------------------------------------------------------------- R.SUBRAMANYAN (BALASUBRAMANYAN), AGED 51 YEARS, S/O. RAJAGOPAL, THULASI BHAVAN, ELOOR EAST, UDYOGAMANDAL P.O., PIN-683 501. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS / RESPONDENTS: ------------------------------------------------------ 1. THE PRESIDENT, VYPEEN PARAVUR MOTOR TRANSPORT THOZHILALI UNION CO-OPERATIVE SOCIETY LTD., VYPEEN. 2. THE SECRETARY, VYPEEN PARAVUR MOTOR TRANSPORT THOZHILALI UNION CO-OPERATIVE SOCIETY LTD., CHERAI. 3. M.V. SEBASTIAN, S/O. VARGHESE, MADATHIPARAMBIL HOUSE, NAYARAMBALAM P.O. 4. THE ORIENTAL INSURANCE COMPANY LTD., REPRESENTED BY MANAGER, MTPC OFFICE, VATTUKATTIL BUILDINGS, M.G. ROAD, KOCHI-16. 5. NELSON, S/O. MATHAI, MADATHIPARAMBIL VEETTIL, PAZHANGANAD DESOM, KIZHAKKAMBALAM VILLAGE, ERNAKULAM DISTRICT. 6. SABU, S/O. KUMARAN, KIZHAKKE VELIKKAKATHU VEETTIL, AROOR P.O. 7. THE ORIENTAL INSURANCE COMPANY LTD., REPRESENTED BY REGIONAL MANAGER, REGIONAL OFFICE, MUTHOOT TOWERS, M.G. ROAD, COCHIN-35. ADV. SRI.C.A.CHACKO FOR R3 SRI.A.P.SUBHASH FOR R5-6 SRI.P.JACOB MATHEW FOR R4 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R4. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.798 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October 2010 JUDGMENT Basheer, J. Appellant who was travelling in a stage carriage sustained certain injuries in a road traffic accident when another stage carriage coming from the opposite direction dashed against his vehicle. According to the appellant, he was immediately taken to the General Hospital, Ernakulam. He underwent treatment for seven days in the hospital. Therefore, he claimed a sum of Rs.1,50,000/- as compensation from the owner, driver and insurer of the offending vehicle bearing registration No.KL-7/D-3886. 2. It appears that there was some confusion with regard to the registration number of the offending vehicle. It is on record that the appellant amended the claim petition later and incorporated the correct registration number viz.KL-7/D- 3890. The insurance company in its statement admitted that the vehicle bearing registration No.KL-7/D- 3890 was in fact involved in the accident as alleged and that the said vehicle was validly insured with the company at the relevant point of time. 3. The appellant got himself examined as PW1 and Exts.A1 to A5 were marked on his side. The insurance company produced Ext.B1 certificate of policy on its side. The Tribunal, after considering the oral and documentary evidence available on record took the view that the appellant had failed to prove that the alleged vehicle was involved in the accident and accordingly dismissed the claim petition. M.A.C.A.No.798 OF 2005 :: 2 :: 4. We have perused the lower court records. We have heard learned counsel for the appellants and learned senior counsel who appears for respondent No.4/insurance company. 5. It may at once be noticed that the fact that the accident as alleged by the appellant occurred on February 25, 1993 is not in dispute at all. The insurance company admitted that the vehicle bearing registration No.KL-7/D- 3890 was involved in an accident at Edappally on that day. It is true that in the claim petition the appellant had shown the registration number of offending vehicle as KL-7/D-3886. Later, the number was corrected on the basis of the police records. 6. Ext.A4, wound certificate issued by the Medical Officer on duty in the General Hospital, Ernakulam would show that the appellant was admitted in the hospital with the history of a road traffic accident. Ext.A1, First Information Report, in Crime No.421/94 and Ext.A2 scene mahazar and Ext.A3 charge sheet will also show that the accident had occurred involving two stage carriages in one of which the appellant was travelling. Therefore, we have no hesitation to hold that the appellant had sustained some injuries in the accident. 7. The next question is what can be the compensation that the appellant will be entitled to get in the nature of the injury sustained by him. Admittedly, the appellant had not sustained any external injuries. At the time of admission in the hospital, he had complained of pain on his neck and back of the body. But in the claim petition, appellant had stated that he had suffered traumatic myalgia, cerebral concussion apart from other multiple injuries. He further alleged that he M.A.C.A.No.798 OF 2005 :: 3 :: had lost seven teeth. But appellant had not produced any documentary evidence to substantiate the above contention. If in fact the appellant had sustained all the above injuries definitely medical records would be available. 8. In that view of the matter, we are not prepared to accept the contention that he had suffered various injuries referred to above. However, in the peculiar facts and circumstances of the case, particularly keeping in view Ext.A4 wound certificate, we are satisfied that the appellant can be awarded a lump sum amount of Rs.20,000/- towards compensation. However, the appellant will not be entitled to get any interest on the said amount. 9. Respondent No.4/insurance company shall pay the above sum of Rs.20,000/- to the appellant within one month from the date of receipt of a copy of this judgment. Appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes