IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 MACA.No. 567 of 2008() ---------------------------------- OPMV.1090/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S):PETITIONER IN OP(MV) ----------------------- AJIKUMAR @ AJI,S/O. DEYANANNAN V.P.HOUSE, ZILLA COURT WARD, ALAPPUZHA. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------- 1. SUSHOBHANA KUMARI, W/O. REMANAN PAANNAVANA VEEDU, VANDANAM, ALAPPUZHA. 2. SASI, S/O. KUMARAN PANAICKAL VEEDU, BEACH WARD, ALAPPUZHA. 3. NATIONAL INSURANCE CO.LTD ALAPPUZHA. ADV. SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 567 OF 2008 --------------------------------- Dated this the 19th day of January, 2009 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Alappuzha in O.P.(MV) No.1090/2002. The claimant while driving an autorickshaw and when reached the K.S.R.T.C. bus stand Alappuzha, it met with an accident on account of a collision with a bus. The tribunal dismissed the case on the ground that the autorickshaw driver was negligent. It is against that decision the claimant has come up in appeal. 2. Admittedly the autorickshaw was proceeding from west to east and the bus from east to west. The correct side of the autorickshaw was northern side and that of the bus was southern side. The road is having a width of 9 metres at the place of the accident and accident had taken place 3.25 metres south from the northern tarred end. So it is crystal clear that the accident had taken place on the northern side of the road. If it is on the northern side of the road, the bus which came from east to west had clearly transgressed to the right side. The tribunal had mistakenly held that the autorickshaw was on the wrong side, though it has M.A.C.A.No. 567/2008 -2- correctly located the place of the accident. The tribunal further held that the charge sheet is wrongly laid against the bus driver. Therefore the finding of the tribunal is set aside and held that the driver of the bus was responsible for the accident. 3. The compensation is the next question. The claimant was admitted in the hospital with a multiple abrasions and soft tissue injury. Suturing was done. There was no internal injury and he was discharged. A perusal of these documents would show that the following compensation can be awarded to the claimant. Certainly on account of the injuries, he would not have been in a position to do any work for two weeks. I award an amount of Rs. 1,000/- for loss of earning, Rs. 1,000/- for treatment expenses and towards pain and suffering an amount of Rs. 3,000/- is awarded, making a total compensation of Rs. 5,000/-. In the result, the M.A.C.A is allowed and the claimant is awarded a compensation of Rs. 5,000/- with 7% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm