IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 M.A.C.A.No. 1027 of 2007(C) -------------------------- OP(MV) NO.3398/2001 OF PRL. MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP(MV): ------------------------------- V.K.GANGADHARAN, S/O CHEKKAY, AGED 58 YEARS, RESIDING AT DHANYA HOUSE, PERUMANNA POST, KOZHIKODE. BY ADV. SRI.A.V.M.SALAHUDDEEN RESPONDENTS/RESPONDENTS IN OP(MV): --------------------------------- 1. SAJEEVAN, S/O MADHAVI ANTHARJANAM, AGED NOT KNOWN, RESIDING AT 11/119, MALIKA ILLAM, PERUVAYAL POST, KOZHIKODE. (OWNER OF AUTORIKSHAW NO.KRZ 142) 2. PUSHPARAJAN, S/O GOPALAN, AGE NOT KNOWN, RESIDING AT THARAPOYIL HOUSE, PANTHEERANKAVU POST, KOZHIKODE. (DRIVER OF AUTORIKSHAW NO. KRZ 142) 3. THE UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE-I, WHITE LINES BUILDING, KALLAI ROAD, KOZHIKODE. (INSURER OF AUTORIKSHAW NO.KRZ 142) BY ADV. SMT.K.C.BEENA - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1027 OF 2007 --------------------- Dated this the 22nd day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 3398/01. The claimant, aged 53 years a depo manager of the KSRTC, sustained injuries in a road accident as a result of which he had a fracture on the tip of the radial styloid and stiffness of the finger. The Tribunal assessed the compensation at Rs.16,500/- and after deducting 25% for the contributory negligence, awarded Rs.12,375/-. 2. So far as contributory negligence is concerned, the claimant was a rider and being a head on collision the Tribunal cast 25% liability on the claimant as well. Before the Tribunal also except the first information report no other documents were produced. So when it is a collision between two vehicles and in the absence of any other evidence, as held by the Apex court that on a head on collision cases some negligence has to be attributed on both the drivers. I specifically say so for the reason that no materials are furnished before the Tribunal to hold it otherwise. Therefore, I do not want to interfere with the question of contributory negligence. 3. So far as quantum of compensation is concerned, the Tribunal had obtained a disability certificate and had marked it as court Ext.C1. It should not have doubted the genuineness of such a document MACA No. 1027/07 2 after obtaining it. The disability noted is only 2%. It is true that the claimant was aged 53 years at the time of accident and there will not be any loss of earning for two years. Thereafter being a manager of a depo, he would have got employed in some other capacity. So taking the income of the claimant at Rs.2,500/- per month and disability at 2% , the actual loss would come to Rs.600/- per year, which when multiplied by an appropriate multiplier of 8 would be Rs.4,800/-. Similarly till the age of 55, no compensation for loss of amenities and enjoyment in life is seen granted but a total amount of Rs.4,000/- is granted. It also requires modification. Therefore, I enhance it by Rs.2,000/-. So the additional compensation would come to Rs.6,800/-. Out of this amount, 25% has to be deducted for contributory negligence. So the claimant will be entitled to an additional compensation of Rs.5,100/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,100/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 1027/07 3