IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 MACA.No.1677 of 2008 (F) ------------------------------- O.P(MV).1847/2002 of PRL. MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE. .................... APPELLANT/PETITIONER IN O.P(MV) :- ----------------------------------------------- UNNI, S/O KUNHIKRISHNAN, AGED 48 YEARS, KOLLAMKANDIPALLIYALIYIL HOUSE, P.O. KANNAMVETTIKAVU, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.JAMALUDHEEN RESPONDENTS/RESPONDENTS IN O.P. (MV): ---------------------------------------------------- 1. K.SAIDALAVI, S/O MOIDEENKUTTY, KONNOTH HOUSE, AREACODE, MALAPPURAM DISTRICT, 2. SAINUDHEEN, S/O HASSANKUTTY, AGED 30 YEARS, KUNNATH HOUSE, AREEKKADU CALICUT, 3. UNITED INDIA INSURANCE CO.LTD., ARAFA BUILDING, COURT ROAD, MANJERI. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A No.1677 of 2008 ------------------------------------------------ Dated this the 8th day of August, 2008 JUDGMENT J. B. Koshy, J The case of the appellant is that on 22/04/02 at about 9.30 a.m while he was travelling in a bus bearing registration No.KL.10/C-7866, it hit a Maruti Car bearing registration No.KL 9/H 1035. The accident occurred due to the rash and negligent driving of the bus driver/the second respondent. He claimed a compensation of Rs.2 lakhs. Even though medical board certified 4% disability, Tribunal found that being a teacher, he cannot claim that he has lost earning capacity and that his income was not reduced. Therefore, no compensation was awarded for loss of earning M. A. C. A No.1677 of 2008 -2- power due to disability. Considering the totality of the circumstances, Rs.11,500/- was awarded. Tribunal also observed that wound certificate was not produced and there is no clear evidence to show that he was admitted in hospital. Even though no wound certificate was produced, a photostat copy of the medical sheet issued on 22/04/02 from the hospital is produced now, stating that his both bones of fore-arm (right) were fractured. It is also mentioned therein that the bus hit on the Maruti Car. The driver, owner and Insurance Company of Maruti Car were not made parties. Charge sheet issued against the driver of the bus was also not produced. In the facts and circumstances of this case, we are of the view that compensation awarded is just and M. A. C. A No.1677 of 2008 -3- reasonable. Appeal fails and is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-