IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 MACA.No. 542 of 2009() ---------------------- OPMV.1408/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): PETITIONER IN OP(MV) 1177/04 ------------------------------------------ THAMBAN, S/O.JANARDHANAN, THOPPUKAVIL HOUSE, THOTTAKKATTUKARA, ALUVA. BY ADV. SRI.V.K.GOPALAKRISHNA PILLAI SRI.GOPAKUMAR G. (ALUVA) RESPONDENT(S): (RESPONDENTS IN OP(MV) 1177/04 --------------------------------------------- 1. C.K.ABOOBACKER, S/O.KASSIM, KOMPARAPARAMBIL HOUSE, KEERIKODE P.O., NEAR NAGARJUNA HOSPITAL, THODUPUZHA P.O. 2. SHAJI, S/O.PAKRUDDIN, PALLATHUPARAMBIL HOUSE, NEAR BOYS HIGH SCHOOL, THODUPUZHA. 3. NATIONAL INSURANCE CO.LTD., PULIMOOTTIL SHOPPING ARCADE, MUVATTUPUZHA, THODUPUZHA P.O., PIN 685584. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.542 OF 2009 ............................................. Dated this the 10th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Perumbavoor in OP(MV)No.1408/2004. The claimant, a motor mechanic by profession while sleeping in the garage, sustained injuries on account of a hit by a lorry on the garage by virtue of which, materials fell from the top resulting in sustainment of injuries to him. The Tribunal was not satisfied with the evidence adduced and therefore dismissed the claim petition. It is against that decision, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant and Smt. Raji T. Bhaskar for the insurance company. But the contention before the court below would reveal that it has admitted the existence of the policy. The Tribunal felt that there is some confusion regarding the date and in the written statement of the insurance company because it just copied down from some other written statement and therefore dismissed the claim. : 2 : M.A.C.A.No.542 OF 2009 3. The learned counsel had placed all the materials before me to satisfy the conscience of the court regarding the correctness of the accident. He had shown me a copy of the wound certificate in which the date and hour of examination is shown as 5.10.2002 at 11.35 p.m, whereas a reading of the entire things would reveal that the accident took place on 4.10.2002 at 11.05 p.m. He was admitted as an inpatient on 4.10.2002 and discharged on 7.10.2002. The treatment certificate also would reveal that X-ray had been taken on 4.10.2002 and that for the period of hospitalization he had expended a sum of Rs.1,762/=. He had also given an F.I. Statement wherein he has categorically stated that he had sustained injuries on 4.10.2002 and he was taken to the hospital immediately. The police after due investigation also has filed a charge sheet wherein the driver of the lorry is charge sheeted for driving the vehicle casually and negligently. So, just because by a mistake, the date 5.10.2002 is written on the top portion, one cannot jump to the conclusion that the said document is wrong. The said document itself gives the correct picture that he was : 3 : M.A.C.A.No.542 OF 2009 admitted in the hospital on 4.10.2002. Therefore, the Tribunal should not have any apprehension in accepting the case of the claimant. 4. Therefore, I find that there was an accident and by virtue of which, the claimant sustained injuries and it was only on account of the negligence of the lorry driver. So, the finding of the Tribunal otherwise is set aside and vacated. Since materials are available, I do not want to remand the matter and I propose to decide the compensation. 5. The claimant is a person who is running a workshop. He had sustained fracture of the clavicle. He had produced the medical bill for Rs.1,762/=. He was an inpatient in a hospital for 7 days. With these materials I fix the compensation as follows: When a mechanic sustains fracture of the clavicle and as there is bandage put on his hand, he would be prevented from doing his work for a period of 6 to 8 weeks for which I award Rs.4,000/= towards loss of earnings. The medical bills are for Rs.1,762/=. I award Rs.2,000/= towards medical expenses. Towards by stander's expenses, I award Rs.300/= : 4 : M.A.C.A.No.542 OF 2009 and for extra nourishment and damage to clothing, I grant a sum of Rs.400/=. On account of the fracture of the clavicle, he would have suffered pain for which I allow Rs.5,000/= and certainly it would have caused temporary disability resulting in loss of amenities and enjoyment in life for which I award Rs.2,000/=. Thus the claimant is entitled to an additional compensation of Rs.13,700/=. In the result the MACA is allowed and the award passed by the Tribunal is set aside and the claimant is awarded a compensation of Rs.13,700/= with 7.5% interest on the said sum from the date of the petition till realisaton and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE cl : 5 : M.A.C.A.No.542 OF 2009