IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 MACA.No. 904 of 2005() ---------------------- OPMV.143/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------ ITTYATHY, S/O. KRISHNAN, KUKNNEL HOUSE, EZHALLORE P.O., THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS IN OP(MV): ----------------------------------- 1. SHOBHA NARAYANAN, 1-MCL COLONY, AMMASANDRA, THURUVAKERE TALUK, TUMKUR DISTRICT, KARNATAKA. 2. V.M.SHAHUL HAMEED, S/O. MUHAMMED, VELLUKKAL HOUSE, MATTATHOORKUNNU P.O., THRISSUR DISTRICT. 3. THE ORIENTAL INSURANCE CO. LTD., 2ND FLOOR, T.D. BUILDING, P.B.NO.158, ROUND WEST, THRISSUR. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 904 OF 2005 --------------------- Dated this the 2nd day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakkuda, in OP(MV) 143/98. The claimant was a passenger in a KSRTC bus which met with an accident on account of a collision. The Tribunal found negligence on the part of both drivers and therefore fixed the negligence in the ratio of 50:50. The Tribunal also found that the claimant had sustained fracture of the wall of the right maxillary sinus besides bleeding from the nose and awarded a compensation of Rs.5,563/-after deducting 50% for the non impleadment of the KSRTC driver. The first point to be considered is whether the Tribunal is entitled to deduct the compensation. When there is hit of collision between two vehicles and the accident took place on account of the composite negligence of both drives they are several tort feasors and each are separately liable in proportions to their negligence. So the non impleadment of the KSRTC driver would certainly reduce the percentage of compensation for the reason that the other tort feasor can be mulcted only with 50% liability. The said finding does not call for any interference. It is seen that the claimant is a manual labourer and he was an inpatient in the hospital for three days. The Tribunal awarded loss of earning only for two weeks which I feel is inadequate and increase it to one month and enhance MACA No.904/05 2 the compensation under that head by Rs.750/-. Similarly no amount has been granted towards bystanders expenses for which I grant Rs.250/-. On account of the fracture of the wall of the sinus and the bleeding of the nose it would have taken more time to get it cured and there would have been loss of temporary amenities and enjoyment in life. Towards that head I award a sum of Rs.3,000/- thereby enhancing compensation by Rs.4,000/-. Since the tort feasor is liable to pay 50%, the claimant is only entitled to get an additional compensation of Rs.2,000/- in this case. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.2,000/- with 7% interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps