IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 MACA.No. 2387 of 2007() ----------------------- OP(MV).209/2002 of MACT, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- NAVEEN, S/O METHIL SASIDHARAN, KATTOOR VILLAGE, ILLIKATTU DESOM, THRISSUR DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): RESPONDENTS -------------------------- 1. SUVISH N.V., S/O NELLIPARAMBIL VISWAMBARAN, THANISSERY P.O., THRISSUR DISTRICT. 2. THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., P.B.NO.70, MALIAKEL BUILDING, MAIN ROAD, IRINJALAKUDA. ADV. SRI.M.SHAJU PURUSHOTHAMAN FOR R1 SRI.K.S.RAJESH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2387 OF 2007 --------------------------------- Dated this the 3rd day of December, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Irinjalakuda in O.P.(MV) No.209/2002. The claimant, while travelling as a pillion rider in a motorbike ridden by the first respondent in the claim petition, sustained injuries. The tribunal found that first respondent is liable for the accident and ordered to pay compensation of Rs. 33,200/- with 6% interest. The tribunal exonerated the Insurance Company from the liability for the reason that it was only an Act only policy. It is against that decision the claimant has come up in appeal. 2. Heard the learned counsel for the appellant and others. A perusal of the award would reveal that the claimant was treated as inpatient in the hospital for 12 days. He had a lacerated wound on the left foot. X'ray revealed fracture of the head of the first phalanx of the left little finger, compound fracture of the base of the first phalanx with displacement of the left 5th toe and also compound dislocation of first phalanx joint and third tow on the left foot. The tribunal totally rejected the disability certificate. It is not proper for M.A.C.A.No. 2387/2007 -2- the reason that, here is a person who had sustained fracture on the first phalnax of the left 5th toe and 3rd toe with dislocation. Certainly it would have caused him some disability and therefore I fix disability at 3% instead of 5% and income at Rs. 24,000/- per annum, then the loss of earning would come to Rs. 720/- per annum, which when multiplied by an appropriate multiplier of 17 would come to Rs. 12,240/-. On all other heads the tribunal has awarded reasonable compensation. I also perused the policy. It is only an Act only policy. In the light of the dictum laid down in United India Insurance co. Ltd. v. Tilak Singh [2006(2) KLT 884], the Insurance Company cannot be made liable to pay. So the said finding does not deserve any interference. Therefore the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 12,240/- with 6% interest on the said sum from the date of petition till realisation. The first respondent is directed to deposit the said sum within a period of 90 days from today. M.N. KRISHNAN,JUDGE vkm