IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MACA.No. 557 of 2006() ---------------------- OPMV.177/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S)/PETITIONER. ----------------------------------- JALEEL, S/O.KUNJUMAKKAR, CHIRUPARAMBIL HOUSE, ULIYANNOOR, ALUVA. BY ADVS. SRI.RAJIV NAMBISAN SMT.AJI S.MENON RESPONDENT(S): RESPONDENTS. --------------------------- 1. M.K.YUSUF, MOOPUKANDATHIL HOUSE, ULIYANNOOR P.O. ALUVA. 2. SHAMEER, S/O.MOHAMMED, PARAMBATHADATH HOUSE, ULIYANNOOR KARA, ALUVA. 3. THE ORIENTAL INSURANCE CO.LTD,,M BANK JUNCTION, ALUVA. 4. THE MANAGING DIRECTOR, K.S.R.T.C. TRIVANDRUM. ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC FOR R4 SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 557 OF 2006 --------------------------------------------------------- Dated this the 17th day of November, 2008 JUDGMENT Ramachandran Nair, J. Heard counsel appearing for the appellant and Standing Counsel appearing for the Insurance Company. 2. This is a case where a mini lorry in which the appellant was travelling hit behind a stationary K.S.R.T.C. bus. The appellant sustained injuries on the lower lip, jaw and lost a tooth besides loosening of some other teeth. Based on the appellant's admission given in the hospital, the Motor Accidents Claims Tribunal, Perumbavoor concluded that the appellant was only a gratuitous passenger in a goods vehicle and, therefore, the Insurance Company has no liability to pay compensation. Even though counsel for the appellant argued before us that the appellant was accompanying goods, we do not find any ground to accept this theory which was rejected by the Tribunal. Therefore, there is no ground to M.A.C.A.NO.557/2006 2 interfere with the award holding that recovery is permissible from the registered owner and driver of the vehicle. 3. However, we find some force in the contention of the appellant that compensation awarded is low because no amount is awarded for replacement of the missing tooth and the amount awarded for pain and suffering is only Rs.8,000/-. We, therefore, award an additional compensation of Rs.5,000/- to the appellant which will carry interest at the rate of 7.5 % per annum from the date of application till date of payment. The appellant is entitled to recover the additional amount also from the registered owner and driver of the vehicle. Appeal is disposed of as above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A.NO.557/2006 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 557/2006 JUDGMENT 17th November, 2008