IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 MACA.No. 2230 of 2009(C) ---------------------------- OPMV.598/2002 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): PETITIONER ------------------------------------ KARUNAKARAN PILLAI, S/O.KUNJUKRISHNA KURUP, KADATHIKATTU PADINJATTATHIL, NORTH MURI, PORUVAZHI VILLAGE, KOLLAM. BY ADV. SRI.C.RAJENDRAN SRI.B.CHANDRA LAL RESPONDENT(S)/RESPONDENTS: -------------------------------------- 1. NAHAS, NOORUDEEN KUTTY, DARUNNOOR, KAMPALADI MURI, PORUVAZHI P.O. 2. SHAJAHAN, S/O.MUHAMMED KUNJU, VALIYAVILA VEEDU, KAMPALADI MURI, PORUVAZHI P.O., KOLLAM. 3. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., HOSPITAL ROAD, KOLLAM. ADV. SRI.JOE KALLIATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2230 OF 2009 = = = = = = = = = = = = = = = Dated this the 23rd day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kollam in O.P.(MV)598/02. The claimant, a 50 year old man claimed to be working in a society as Secretary, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.22,260/- with 8% interest. The claimant has come up in appeal for enhancement. 2. A perusal of the award would reveal that on 9.12.2001 he had sustained injuries which include a haematoma on the right cheek and fracture on the floor of the orbit. He was admitted on 9.12.2001 and discharged on 31.12.2001. The claimant did not produce any document regarding his employment nor the leave taken. He has also not produced any document to show his disability. Still the Tribunal has considered the matter and granted M.A.C.A. 2230 OF 2009 -:2:- compensation. Even if it is true that documents are not produced to prove his avocation as well as his salary, but at the same time he will be having some avocation and therefore fixing the income at Rs.2,500/- and considering the inpatient treatment as a base, he has to be given two months loss of earnings which would come to Rs.5,000/-, i.e. Rs.2,000/- more. He had been in the hospital for 22 days and no compensation is granted for bystanders expenses. I award Rs.2,000/- under that head. The man had sustained a fracture on the base of the skull and so it would have caused him extraordinary pain as well as mental agony and therefore I award Rs.2,000/- more towards pain and sufferings. Though there was no disability the Tribunal yet granted Rs.5,000/- towards loss of amenities and enjoyment which is sufficient. Therefore I find the claimant is entitled to an additional compensation of Rs.6,000/-. 3. It is seen that the Tribunal has exonerated the insurance company only on the basis of an adverse inference regarding the non availability of licence. It is desirable that the insurance company may produce some document to M.A.C.A. 2230 OF 2009 -:3:- prove the non availability of a licence so as to get an order of reimbursement. Therefore I give an opportunity to the insurance company to prove it by positive evidence rather than by adverse inference. 4. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/- with 8% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment and the finding on the exoneration of the insurance company is set aside and the matter is remitted back to the Tribunal with a direction to the insurance company to prove by positive evidence regarding the non availability of licence to the driver. Parties are directed to appear before the Tribunal on 26.4.2010. M.N. KRISHNAN, JUDGE. ul/-