IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MACA.No. 78 of 2004() --------------------------------- OPMV.1273/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: --------------------------------- MEHAROOB, S/O. MOHAMMED, VATTAKUDY HOUSE, ELAMBRA KARA, ERAMALLOOR VILLAGE. BY ADV. SMT.ANNIE PAUL SRI.PHILIP J.VETTICKATTU RESPONDENTS: RESPONDENTS: -------------------------------------------- 1. FRANCIS XAVIER, S/O. FRANCIS, CHAMMANIKODATH HOUSE, PONOTH ROAD, KALOOR, KOCHI. 2. BIJU, S/O. DEVASIA, NELLIKKATTIL HOUSE, PINDIMANA KARA, PINDIMANA VILLAGE. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., MUVATTUPUZHA BRANCH. BY ADV. SRI.P.T.SEBASTIAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vsv M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 78 OF 2004 = = = = = = = = = = = = = = = Dated this the 8th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV) 1273/00. The claimant was riding on a motor bike bearing Registration No.KL-7/D 5888 and when it reached the place of accident it collided with another vehicle KL-7/L 5592 resulting in sustainment of injuries. The Tribunal has dismissed the claim application. There was another case which was filed by the rider of the other bike and it was disposed of by me as per my judgment dated 24.6.08. After discussing the materials available I came to the conclusion that both the riders are equally responsible for the accident and apportioned the negligence at 50% each. I do not find any ground to deviate from the said finding and so I fix the contributory negligence of the present claimant as 50%. 2. Now, the next question to be decided is regarding the quantum of compensation. The Tribunal has not fixed M.A.C.A. 78 OF 2004 -:2:- the quantum but it is seen that the claimant has sustained a crush injury on the right ring finger with fracture of the terminal phalanx and also lacerated wound over the little finger etc. and another sutured lacerated wound 4 cms. on the forehead. He was treated in the Specialist Hospital, Kochi from 8.5.00 to 12.5.00. The award itself shows that he had spent an amount of Rs.9,258/- towards treatment expenses. It is submitted that he was a proprietor of a hotel at Kothamangalam and he was not able to do any work and there has been disability for him. I proceed to fix the compensation with the available materials. 3. Towards medical expenses I award a sum of Rs.9,300/- towards bystanders expenses and towards extra nourishment I award Rs.1,000/-. The accident had taken place at Thankalam and he was treated at hospital in the Ernakulam town and had visited the hospital on more than one occasion. I grant him Rs.1,000/- towards transportation expenses. Certainly on account of the injuries sustained he would not have been in a position to do any work at least for some days and therefore I award him Rs.2,000/- towards actual loss of earnings. The crush injury coupled with the M.A.C.A. 78 OF 2004 -:3:- fracture and lacerated wound on the head and the period of hospitalisation make me feel that he must be given a compensation of Rs.7,000/- for pain and sufferings. Certainly, the crush injury along with the fracture on the fingers would have made him suffer loss of amenities and enjoyment in life for which I grant Rs.3,000/-. Therefore, the claimant will be entitled to a compensation of Rs.23,300/-. Since he has contributed 50% to the accident he will be entitled to Rs.11,650/-. There is no dispute regarding the existence of a valid policy. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.11,650/- with 7% interest on the said sum from the date of petition till realisation and the 3rd respondent, insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-