IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 MACA.No. 1308 of 2004(D) ----------------------------------- OPMV.519/1996 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/APPLICANT ------------------------------------ V.P.HASSAN, S/O. MUHAMMED HAJI, AGED 57 YEARS, V.P.HOUSE, NADUVATTOM AMSOM, DESOM, KOZHIKODE. BY ADV. SRI.E.S.M.KABEER RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. M.A.ANSARI, AGED 27 YEARS, S/O. ABDUL AZEEZ, MALATTU THAKIDIYILL, KANHIRAPPALLY, KOTTAYAM (DRIVER OF CAR NO.GCK-9414 D.L.NO.362/86-K, BADGE 72/90) 2. B.P.PANCHAL S/O. A.P.BHARTHA, PELORYASI, SURATH, GUJARATH STATE, (R.C.OWNER OF CAR, GCK-9414). 3. THE ORIENTAL INSURANCE COMPANY LTD., MOZAMBIQUE SHOPPING CENTRE, 1ST FLOOR, STATION ROAD, BAROOLI 394602, SURATH DISTRICT. 4. N.P.ASHRAF, S/O BICHAVA, KANNAMPARAMBATH HOUSE, KOODAMPUZHA, FEROKE COLLEGE, KOZHIKODE DISTRICT, (R.C.OWNER OF SCOOTER NO.KL-11/C-7294) 5. A.P.ASSAINAR, AGED 32 YEARS, S/O. HAJI PEKKER MOOPPAN, AMMINI PARAMBIL, MATHOTTAM, P.O.ARAKKINAR, CALICUT-28. (DRIVER OF SCOOTER, KL-11/C-7294, D.L.NO.2603/87D, FROM 1-8-92 TO 13-6-2002) 6. M/S. NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, JAIL ROAD, CALICUT, (INSURER OF SCOOTER NO.KL-11/C-7294) BY ADV. SRI.LAL GEORGE -R6 SRI.G.ASHOK KUMAR - R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1308 OF 2004 = = = = = = = = = = = = = = = Dated this the 24th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)519/96. The claimant is awarded a compensation of Rs.22,748/- and it is aggrieved by that decision, the present appeal is preferred. 2. Heard the counsel for appellant as well as the insurance company. Learned counsel for the insurance company would submit before me that the claimant was a pillion rider and therefore he is not liable to coverage under the Act. It is true that in the light of the decision reported in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh (2006 (4) SCC 404)] if there is an Act only policy then the pillion rider may not be covered but there are different types of policies which takes in an additional passenger as well and unless there is specific contention to the effect that it is only an Act only policy it does not cover M.A.C.A. 1308 OF 2004 -:2:- the pillion rider, such a contention cannot be entertained. Further at this point of time after a decade it may not be possible to entertain that argument without any plea. 3. The next question is regarding the compensation. The claimant had sustained fracture on the humerus as well as on the tip of the trochanter. Though there was no disability certificate produced, the Tribunal fixed it as 5% and calculated the compensation. But for a 57 year old man there is nothing wrong in adopting a monthly income at Rs.1,500/- instead of Rs.1,250/-. When it is so the annual loss of earnings will be Rs.900/-. When it is multiplied by 8, the total permanent disability compensation will be Rs.7,200/-. The Tribunal has already awarded Rs.6,000/- and therefore under that head the claimant is awarded an amount of Rs.1,200/- more. For the nature of injury such as the fracture on the neck of the humerus and trochanter the Tribunal has provided only Rs.3,000/- for loss of amenities and enjoyment in life which also I feel is inadequate. Considering the age of the person I enhance it by Rs.2,000/-. M.A.C.A. 1308 OF 2004 -:3:- Therefore, the claimant will be entitled to an additional compensation of Rs.3,200/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.3,200/- with 7% 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. M.N. KRISHNAN, JUDGE. ul/-