IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 MACA.No. 2415 of 2008() ---------------------------------- OPMV.856/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT/APPLICANT: ----------------------------------- S.BIJUMON, S/O.N.SASIDHARAN, AGED 28 YEARS, RESIDING AT CHEKKALAVILAKOM, PURAVOOR, CHIRAYINKIL P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.V.AJAKUMAR SRI.T.M.CHANDRAN RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. R.RAVEENDRAN, S/O.RAMAN, RESIDING AT R.S.BHAVAN, PURAVOOR, CHIRAYINKIL, THIRUVANANTHAPURAM DISTRICT.(OWNER OF THE MOTOR CYCLE KL-01/R 1702). 2. THE NEW INDIA ASSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, KOTTARATHIL BUILDINGS, PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM. (INSURER OF THE MOTORCYCLE KL-01/R 1702). BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- M.A.C.A. No. 2415 of 2008 --------------------------------------- Dated this the 5th day of November, 2008 Judgment Koshy,J. Appellant at the age of 22, while travelling as a pillion in a motor cycle sustained injuries. He has filed an application claiming a compensation of Rupees Three lakhs. According to him, rider of the motor vehicle in which he was travelling as a pillion was negligent. Being a gratuitous passenger, the insurance company was exonerated as there was only an 'Act' policy. In Ext.B1 also, there is no coverage to the pillion rider. The injury suffered by the appellant is fracture of shaft of left femur and fracture of left clavicle. He had an operation and the fracture was re-united. Even though doctor certified 8% disability, the Tribunal awarded compensation for only 6% disability. The doctor was not examined to prove the disability certificate. He was aged only 22 years and no specific employment was proved. Rs.2,000/- was taken as the monthly income. 17 was taken as the multiplier and compensation was awarded. Total compensation awarded was Rs.50,796/- with 7.5% per interest from the date of application (14.6.2002). The M.A.C.A.No.2415/2008 2 award is passed only on 7.6.2008. Considering the nature of injuries and considering the total amount awarded, we are of the opinion that no interference is required as just and reasonable compensation is awarded. Hence, appeal is dismissed. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.A.C.A.No.2415/2008 3 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.A.C.A.No. 2415/2008 ------------------------------------- Judgment Date:5th November,2008