IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 MACA.No. 1477 of 2004 --------------------------------- O.P(MV).NO.2518/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/ PETITIONER: -------------------------------------- N.VENUGOPAL, S/O.NARAYANAN, PRIYA NIVAS, VAZHAPPALLY WEST P.O., PARAL CHANGANACHERRY, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. SAJEEV, S/O.KRISHNAN, VAZHAPPARAMBIL HOUSE, KADAMANCHIRA BHAGAM, THRIKODITHANAM, CHANGANACHERRY, KOTTAYAM. 2. N.M.GOPALAKRISHNAN, NELLIKKASSERIYIL HOUSE, KOKKAYAR P.O., PEERUMEDU, IDUKKI DISTRICT. 3. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., T.H.TOWER, MARKET ROAD, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.P.V.JYOTHI PRASAD S.C - R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.A.C.A.No.1477 of 2004 ===================== Dated this the 22nd day of May, 2008. JUDGMENT Koshy,J. The appellant while driving an autorickshaw met with an accident on 20.7.1999. He made a claim for Rs.1,53,000/-. The Tribunal awarded only Rs.9,000/- after holding that the driver of the vehicle insured by the third respondent Insurance Company is responsible for the accident. Immediately after the accident, he was admitted in the Medical College Hospital. The discharge summary shows that there was no fracture. But he was admitted and treated for seven days. There was contusion in left shoulder. He was an autorickshaw driver by profession. An amount of Rs.1,500/- was given for treatment expenses. Since he was an inpatient for seven days, for treatment, expenses, the Tribunal awarded Rs.1,500/- as compensation. The Tribunal awarded Rs.1,500/- for loss of earning. Being an autorickshaw, driver at least an amount of Rs.2,500/- ought to have been MACA 1477/04 -: 2 :- awarded as loss of earning for one month. Therefore, he is entitled to Rs.1,000/- more on this ground. Since he was an inpatient in the hospital and incurred expenses Rs.5,000/- ought to have been granted. Hence, he is entitled to Rs.3,500/- on that count. The petitioner has got a case that he had a fracture evidenced by Ext.A10 certificate. The discharge summary shows that there is no fracture. Ext.A10 certificate is not proved. Therefore, he is not entitled to any compensation for permanent disability. 2. The additional amount of Rs.4,500/- should be deposited by the third respondent Insurance Company with 7.5% interest from the date of application till the date of deposit. On deposit of the amount, the petitioner is allowed to withdraw the same. The appeal is partly allowed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 22/5