IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 MACA.No. 2990 of 2008() ----------------------------------- OP(MV)2174/2004 OF THE PRL. MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE. ................ APPELLANT(S): CLAIMANT ----------------------------------------- P.PRABHAKARAN, S/O. KELAN, AGED 41, PERUNTHAAARVAYAL HOUSE, P.O. WEST HILL, KOYA ROAD, KOZHIKKODE DISTRICT. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENT ------------------------------------------------- 1. POPULAR MEGHA MOTOR LIMITED, BY PASS ROAD, , ACHUMANA, EDAPPALLY P.O., COCHIN. 2. THE ORIENTAL INSURANCE CO., LTD., DIVISIONAL OFFICE, SEEMA BUILDING, G.H. ROAD, KOZHIKKODE. R2 BY ADV. SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.2990 OF 2008 ............................................. Dated this the 11th day of October, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.2174/2004. The claimant, a pillion rider, sustained injuries in a road accident and the Tribunal after deducting 25% contributory negligence, awarded a sum of Rs.3,000/= with 7% interest and it is against that decision, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. Both the learned counsel have helped me by producing the documents for perusal. So far as the contributory negligence is concerned, it is seen that a charge is filed against the driver of the chassis and it is also stated therein that the driver of the chassis came from behind and while overtaking another vehicle , hit on the back of the motor cycle resulting in injuries to the rider as well as to the pillion rider. When it is a hit from behind, necessarily the negligence has to be attributed on the : 2 : M.A.C.A.NO.2990 OF 2008 driver who came from behind. He should have overtaken the vehicle in such a negligent manner. Therefore, I hold that the accident had taken place on account of the negligence of the driver of the chassis and it is in conformity with the charge filed by the police. 3. The next point is regarding compensation. It is true that a note book was produced which the court did not accept it suspecting the correctness of the same. What ever it may be, the wound certificate would show that the claimant had sustained injuries on the elbow. It is seen that he had sustained 3 x 1 cm lacerated wound on the right knee and a wound of 15 x 1 cm over the right leg and another 3 x 1 cm lacerated wound on the lateral aspect of the ankle. This shows that the person had sustained injuries and when it is compared with the note book, some truth is contained in the note book and therefore, it can be safely held that he had sustained soft tissue injury. It is seen that as per the note book , the period of hospitalisation is from 5.5.2003 to 2.6.2003. But no evidence is available to support the same. Therefore I proceed to decide the : 3 : M.A.C.A.NO.2990 OF 2008 compensation as follows: 4. The claimant is awarded Rs.4,000/= towards two months' loss of earnings, Rs.2,000/= towards treatment and other expenses, Rs.5,000/= towards pain and sufferings and another Rs.1,000/= towards damages to clothes, transport expenses and extra nutritious food making a total of Rs.12,000/=. Out of this Rs.3,000/= is granted and therefore, the claimant is entitled to an additional compensation of Rs.9,000/=. 5. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.9,000/= with 7.5% interest on the said sum from 10.11.2004 till realisation from the respondent insurance company. The 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. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 4 : M.A.C.A.NO.2990 OF 2008 : 5 : M.A.C.A.NO.2990 OF 2008 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 8th day of September, 2010. J U D G M E N T