IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 MACA.No. 370 of 2008 ------------------------------ OPMV.430/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA ................................... APPELLANT/PETITIONER: -------------------------------------- V.S. JOSEPH, VAYALAMANNIL HOUSE, VAKERI POST, IRULAM VILLAGE, S. BATHERY TALUK, WAYANAD. BY ADV. SMT.CELINE JOSEPH RESPONDENTS: RESPONDENT NO.3: ---------------------------------------------------- NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE NO.II, CHEROOTTY ROAD,CALICUT. ADV. SRI.RENIL ANTO KANDANKULATHY FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 370 OF 2008 = = = = = = = = = = = = = = = Dated this the 26th day of May, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Wayanad in O.P.(MV)430/99. The petitioner while riding a motor bike had sustained injury, i.e. a lacerated wound of about 8 x 4 cms. over the right leg middle 1/3rd exposing the muscle of the anterior compartment of the leg and bone deep. The Tribunal in paragraph 7 entered into a finding that the accident had occurred due to the rash and negligent driving of lorry by R1. But as the charge sheet is not produced and the insurance company of the bike is not impleaded it fixed the liability of 50% on the motorcyclist. It is absolutely incorrect. There is only one sided evidence and therefore it has to be held that the finding of negligence is incorrect and is vacated. 2. So far as the compensation aspect is concerned though there is a disability certificate produced it may not be really helpful in deciding the case but the fact remains that it M.A.C.A. 370 OF 2008 -:2:- is a long bone deep lacerated wound which has exposed the muscles. The treatment expenses granted is inadequate. Certainly there must be loss of amenities and enjoyment of life at least for a temporary period. He was in the hospital for a period of 11 days and therefore addition is necessary and therefore I increase the compensation awarded to Rs.10,000/- and order accordingly. Therefore the M.A.C.A. is allowed and the claimant is given an award for realisation of Rs.10,000/- with 7% interest on the said sum from the date of petition till realisation and the 3rd respondent insurance company in the O.P. is directed to pay the compensation within a period of 60 days from today excluding the amount which is already deposited, if any. M.N. KRISHNAN, JUDGE. ul/-