IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 MACA.No. 1134 of 2009() ----------------------- OPMV.509/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): PETITIONERS ------------------------- ANILKUMAR.K.S.,S/O.SREEDHARAN, KOCHUMANIKUNNEL (H),KOZHUVANKULAM P.O.& KARA, PULIYANNOOR VILLAGE. BY ADV. SRI.K.A.HASHIM RESPONDENT(S): RESPONDENTS -------------------------- 1. JIMMICHAN MATHEW,S/O.MATHEW, KOLADY HOUSE,KOZHUVANKULAM KARA, CHERPUNKAL P.O.,PULIYANNOOR VILLAGE. 2. THE ICICI LOMBARD GENERAL INSURANCE CO.LTD.,THIRD FLOOR,KANNANKERI ESTATE, MARINE DRIVE,SHANMUGHAM ROAD,KOCHI-682 031. ADV. SRI.GEORGE MATHEW FOR R1 SRI.M.D.SASIKUMARAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1134 OF 2009 = = = = = = = = = = = = = = = Dated this the 11th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)509/07. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs. 4,763/- after deducting 75% for the negligence of the rider of the vehicle in which he was travelling and as no amount is claimed from the other vehicle. 2. So far as the negligence is concerned by virtue of my decision in MACA 1068/09 I have fixed the negligence at 60% on the auto rickshaw driver and 40% on the driver of the car. Therefore the claimant will be entitled to get only 40% of the amount awarded as there is no claim against the auto rickshaw driver. 3. So far as the quantum is concerned the claimant had sustained sprain neck and contusion right forehead. A perusal of the documents made available before me would M.A.C.A. 1134 OF 2009 -:2:- show that she was advised to wear cervical collar and he had severe complaints of recurrent pain. He had visited hospitals on 26.7.2006, 9.8.06, 23.8.06, 4.9.06, 20.9.06 and 30.11.06. The accident had taken place on 29.6.06. There are documents to show that thereafter also he had visited hospital in 2007. At least actual loss of earnings has to be given for four months which would come to Rs.12,000/- and when the amount awarded of Rs.3,000/- is deducted the additional compensation of Rs.9,000/- has to be given. Similarly, no amount is seen granted for loss of amenities for which I grant Rs.4,000/- thereby making a total compensation of Rs.32,050/-. The entitlement of the claimant would be 40% of the said amount which will come to Rs.12,820/- after deducting Rs.4,763/- already granted the balance amount would come to Rs.8,057/- which I round as Rs.8,050/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,050/- with 9% interest on the said sum from the date of M.A.C.A. 1134 OF 2009 -:3:- petition till realisation and the 2nd respondent in O.P.(MV) 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/-