IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 MACA.No. 2277 of 2009() ------------------------------ OPMV.320/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S)(PETITIONER) ---------------------------------- SHAJI K.R., AGED 33 YEARS, S/O. RAJAPPAN, KOLLAPILLIL HOUSE,THAZAMUNDA P.O., KENICHIRA (VIA), S. BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENT(S)(RESPONDENTS) --------------------------------------- 1. U.N. SURESH, AGED 32 YEARS, S/O. THANKACHAN, KOOLIPARAMBIL HOUSE, KUPPADY POST, PAZHERI, S.BATHERY TALUK, WAYANAD DISTRICT.(DRIVER OF THE BUS NO. KL-12/1848 D.L. NO NOT KNOWN). 2. V.ABDUL RAHIMAN, S/O. MOOSA, VAISYAMBATH HOUSE, ANJUKUNNU POST, MANANTHAVADY TALUK, WAYANAD DIS. (OWNER OF THE BUS NO. KL-12/1848) 3. THE NEW INDIA ASSURANCE CO. LTD., KALPETTA, R3 BY ADV. SRI.M.JACOB MURICKAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2227 OF 2009 = = = = = = = = = = = = = = = Dated this the 28th day of October, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV) 320/01. The claimant, a pillion rider to a bike, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.15,818/- and directed R2 to pay the amount and exonerated the insurance company from the liability. It is against the quantum as well as exoneration of the liability the appeal is preferred. 2. Heard the learned counsel for the appellant and the insurance company. At the out set I may like to state that having found that the driver of the bus was negligent for the accident it was not at all correct on the part of the Tribunal to hold that the pillion rider is not covered by the policy. It is fundamental that as far as M.A.C.A. 2277 OF 2009 -:2:- the insurer of the bus is concerned the pillion rider of a bike is only a third party and therefore finding of the Tribunal that the insurance company cannot be saddled with the liability is absolutely erroneous and it has to be stated the insurance company is liable. 3. Now turning to the quantum. Learned counsel for the insurance company had helped me by producing the file relating to the case and I had perused the same which would reveal that the claimant had sustained two fractures on the meta carpel which required hospitalisation. The Tribunal had fixed the income at Rs.2,100/- and adopted a disability at 2% and granted disability compensation. I do not want to disturb the same but it is seen that the Tribunal has not given any amount for loss of amenities and enjoyment in life. Similarly the amount given for actual loss of earnings appears to be totally inadequate. Therefore I am granting an amount of Rs.2,000/- towards actual loss of M.A.C.A. 2277 OF 2009 -:3:- earnings more and another Rs.3,000/- towards loss of amenities thus making a total additional compensation of Rs.5,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 7.5% interest on the said sum from the date of petition till realisation. It is also made clear that in the light of my finding the company is directed to deposit the entire amount ordered by the Tribunal also with interest at 7.5% and the insurance company shall deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. It is also made clear that the claimant will not be entitled to claim any interest on the amount from 16th May, 2008 to 15.9.09. M.N. KRISHNAN, JUDGE. ul/-