IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 MACA.No. 1837 of 2007() ---------------------------------- OPMV.1709/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: ------------------------------------- AMRUTHA SANKAR,CHENGALATHU HOUSE, TRIPUNITHURA KARA,ERNAKULAM DISTRICT. BY ADV. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. ANTON BIJU A.J, ASARIPARAMBIL HOUSE, PONNURUNNI, VYTTILA P.O, ERNAKULAM. 2. SINULAL,THALATHUR HOUSE, EROOR KARA, NADAMA VILLAGE,ERNAKULAM DISTRICT. 3. THE NEW INDIA ASSURANCE COMPANY LTD, TRIPUNITHURA. 4. THE MANAGING DIRECTOR,KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. ADV. SRI.P.VIJAYA BHANU FOR R1 & R2 SRI.M.GEORGE THOMAS FOR R1 & R2 SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2008, ALONG WITH MACA. NO.1843 OF 2007 AND MACA. NO.1885 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J. -------------------------- M.A.C.A. Nos. 1837, 1843 & 1885 OF 2007 --------------------- Dated this the 11th day of August, 2008 JUDGMENT These appeal are preferred against the award passed by the Motor Accident Claims Tribunal, Muvattupuzha, in OP(MV) Nos.1709/03, 1462/03 & 1464/03. The Tribunal has awarded Rs.31,730/- in OP(MV) 1462/03, Rs.3,460/- in OP(MV) 1464/03 and Rs.3,530/- in OP(MV) 1709/03. 2. Two vehicles namely a car and a KSRTC bus were involved in the accident. The car was a private car. The Tribunal found that the driver of the car is responsible for the accident. It also found that the occupants of the car were passengers who can be classified as gratuitous passengers and therefore in the light of New India Assurance Co. Ltd. v. Asha Rani [2003 (1) KLT 165 (SC)] and United India Insurance Co. Ltd. v. Tilak Singh [2006 (4) SCC 404] held that they are not covered by the policy for the reason that the policy was only Act only policy. 3. So far as that point is concerned, admittedly being the passengers of a private car and the car being insured only on the MACA No. 1837/07 & Conn. Cases 2 basis of an Act only policy, the finding of the Tribunal on that point cannot be disturbed. 4. As far as quantum is concerned, Rs.31,730/- is awarded in OP(MV) 1462/03. It can be seen that the claimant had sustained two lacerated wounds on the wrist and dorsal aspect of the right hand, one laceration on the little finger and laceration of 20x1 cms in the forehead. She was treated as inpatient in the hospital from 10.9.03 till 26.9.03. The Tribunal also considered the treatment certificate. It fixed the income of the claimant at Rs.2,000/- and awarded compensation under each and every head. The Tribunal had taken note of the period of treatment, the nature of injuries and had awarded a proper compensation even for loss of amenities and enjoyment in life. I find that the award is reasonable and that it does not call for any interference. 5. So far as OP(MV) 1709/03 is concerned, the claimant had only tenderness on the shoulder. He was treated as inpatient in the hospital for only one day and had expended a sum of Rs.1,022/- for treatment. The Tribunal awarded him Rs.3,530/-. The fact that he was in the hospital for three days coupled with some contusion and tenderness, it would have prevented him from doing any work for MACA No. 1837/07 & Conn. Cases 3 a period of two weeks. So I feel this is a fit case where an additional compensation of Rs.1,000/- can be awarded as compensation. 6. So far as OP(MV) 1464/03 is concerned, the claimant had tenderness on the right shoulder, forehead and right knee. The treatment expenses were Rs.956/-. The Tribunal awarded a sum of Rs.3,460/-. Considering the nature of the injuries, I feel atleast sum of Rs.1,000/- more has to be awarded. In the result, M.A.C.A. No. 1843/07 is dismissed. M.A.C.A. Nos. 1837/07 & 1885 /07 are partly allowed. The claimants in M.A.C.A. Nos. 1837/07 & 1885 /07 are awarded a sum of Rs.1,000/- each as additional compensation with 8.5% interest on the said sum also from the date of petition till realisation. Respondents 1and 2 are directed to deposit that amount also along with the other award amount within 90 days from today. M.N.KRISHNAN, JUDGE vps MACA No. 1837/07 & Conn. Cases 4