IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 MACA.No. 2007 of 2008() --------------------- OP(MV.3172/2001 of M.A.C.T.,KOZHIKODE .................... APPELLANT: ------------------ JISHA J. PILLAI, AGED 22, D/O. PRABHAKARAN PILLAI, OORANGATTU HOUSE, P.O. FEROKE, KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENTS: ----------------------- 1. THE MANAGING DIRECTOR, K.S.R.T.C, TRIVANDRUM. 2. NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, P.B. NO. 434, ST. JOSEPH'S BUILDING, VAZHUTHACAUD, TRIVANDRUM. R1 BY SRI. V.V. NANDAGOPAL NAMBIAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. --------------------------------------------- M.A.C.A.No. 2007 OF 2008 --------------------------------------------- Dated this the 8th day of April, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.3172/2001 of the Motor Accidents Claims Tribunal, In this appeal he challenges the judgment and award of the Tribunal dated December 21, 2007 awarding a compensation of Rs. 8,515/- to the claimant for the loss caused to her on account of the injuries sustained by her in a motor accident. 2. The accident happened on June 6, 2001 at about 8.30 p.m. While the claimant was travelling in KSRTC bus bearing registration No.KL-15-4629 from Kottayam to Kozhikode and it collided head on a mini lorry bearing registration No.KL-9C-3990. Claimant sustained the following injuries in the accident. (i) Blunt injury on her abdomen. (ii) Fracture left pubic, infra and supra ranius, (iii) Tenderness L2, L3 level and multiple injuries all over body. MACA No.2007/2008 -2- 3. Alleging negligence against the driver of the KSRTC bus the claimant, minor through her guardian and father filed the OP before the Tribunal claiming a compensation of Rs.2,00,000/-. 4. 1st respondent is the Managing Director of KSRTC who remained absent before the Tribunal. The 2nd respondent, the insurer of the offending bus filed a written statement admitting the policy of the bus but attributed negligence to the driver of mini lorry. 5. Exhibits A1 to A7 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting 2nd respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of drivers of both the vehicles and assessed a compensation of Rs.9,500/- and awarded Rs.8,550/- as compensation with interest @ 7.5 percent from the date of petition till realisation. The claimant has now come up in appeal challenging the finding of the Tribunal regarding negligence and also adequacy of the MACA No.2007/2008 -3- compensation awarded by the Tribunal. 6. Heard the counsel for the claimant and the counsel for the Insurance Company. 7. The following points arises for consideration. (i) Whether the finding of the Tribunal that the accident occurred due to the negligence of the drivers of both the vehicles and reducing the compensation by 10% can be sustained?. (ii) Whether the claimant is entitled to any enhanced compensation?. 8. The specific case of the claimant is that the accident was due to the negligence of the driver of the KSRTC bus. The counsel for the Insurance company argued that as it was a collision between two vehicles claimant has to prove that the accident occurred due to negligence of the driver of the KSRTC bus. In this case claimant has not come chosen come to forward and swear that the accident occurred due to the negligence of the driver of KSRTC bus. On the other hand the police has registered the case against the driver of the mini lorry as seen from Ext.A7, the copy of FIR. No other document of the criminal case was produced MACA No.2007/2008 -4- by the claimant. Under these circumstances the Tribunal is perfectly justified in holding that the accident occurred due to negligence of drivers of both the vehicles. The Tribunal is also justified in reducing the compensation by 10% as the driver, owner and insurer of the offending mini lorry were not parties in the O.P. Therefore the findings of the Tribunal on this point are confirmed. 9. The Tribunal assessed a total compensation of Rs.9,500/-. The break up of the compensation amount assessed is as under: Medical Treatment - Rs.2,000/- Incidental Charges - Rs.1,000/- Pain and suffering - Rs.5,000/- Loss of amenity - Rs.1,000/- Transportation - Rs. 500/- --------------- Total Rs.9,500/- ====== 10. The claimant was a girl aged 15 at the time of accident. She sustained a blunt injury on her abdomen. Though it was alleged that she sustained some fractures Ext.A4, the copy of wound certificate and Ext.A2, the discharge card do not show any fracture. Therefore, the MACA No.2007/2008 -5- Tribunal is perfectly justified in assessing the compensation of Rs.9,500/- which appears to be reasonable. That being so, the claimant is not entitled to any enhanced compensation. In the result, the appeal is stand dismissed. No costs Sd/- A.K. BASHEER, JUDGE. Sd/- P.Q. BARKATH ALI, JUDGE. AMG True copy P.A to Judge