IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 MACA.No. 1581 of 2007() ---------------------------------- OPMV.129/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER: -------------------------------------- ASHRAF.P.,S/O. ANDRU, PONNADI HOUSE, KELLOOR P.O., KUTTIATTUKUNNU, MANANTHAVADY, WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS/ RESPONDENT NO. 3 ---------------------------------------------------- UNITED INDIA INSURANCE CO.LTD BRANCH OFFICE. P.B.NO. 41 MAIN ROAD, KALPETTA. BY ADV. SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1581 OF 2007 --------------------------------- Dated this the 25th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Wayanad in O.P.(MV) No.129/2000. The claimant was a passenger in a jeep and it collided with a lorry resulting in injuries to him. The tribunal found that the driver of the lorry as well as the jeep have equally contributed to the accident and for non impleadment of the jeep driver and owner reduced the compensation and awarded a compensation of Rs. 3,675/-. It is against that decision the appeal is preferred. 2. At the outset I like to point out that the very same tribunal in a connected case O.P.(MV) No. 130/2000, though a different presiding officer had arrived at a decision that the accident took place only on account of the negligence of the lorry driver. The learned counsel for the appellant had made available before me a copy of the said award for perusal. When the very same tribunal had given a finding in a connected case against which no appeal is seen preferred there cannot be a different finding in the connected case. The principle of estoppel at any rate will apply so far as the M.A.C.A.No. 1581 OF 2007 2 owner, driver and the Insurance Company is concerned. Therefore I adopt the finding in O.P. 130/2000 and hold that the accident took place on account of the negligence of the lorry driver. Accordingly regarding quantum, when 50% negligence is taken away, the claimant will be entitled to Rs. 7,350/-. He had four sutures on the head besides pain all over the body. He was treated as inpatient for 14 days. The Tribunal has only awarded Rs. 500/- towards actual loss of earning after fixing income at Rs. 2,100/-. Therefore I enhance compensation for loss of earning by Rs. 1,500/-. Being an inpatient for 14 days there would have been somebody with him for nursing. Therefore another sum of Rs. 1,000/- as additional compensation under that head. Therefore the claimant will be entitled a total compensation of Rs. 9,850/- out of which Rs. 3,675/- is already awarded by the tribunal. In the result, M.A.C.A. is partly allowed and the claimant is awarded an additional compensation of Rs. 6,175/- with 6% interest on the said sum from the date of petitioner till realisation. The third respondent Insurance Company is directed to deposit the same within 60days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm