IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 MACA.No. 60 of 2009(B) --------------------- OPMV.1017/2003 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): CLAIMANT ------------------------------ K.P.SUBAIR,S/O.MARAKKARKUTTY, AGED 48 YRS,CHEMMALASSERY-PARAMBA, NEAR P&T QUARTERS,P.O NALLALAM, KOZHIKODE DISTRICT. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENT -------------------------------------- 1. K.AZEEZ,S/O.POCKER, AGED NOT KNOWN KALARIYULLATHIL HOUSE, P.O.KALPATHOOR, (VIA), MEPPAYOOR, KOZHIKODE. 2. THE UNITED INDIA INSURANCE CO.LTD, DIVISIONAL OFFICE, WHILE LINES BUILDING, KALLAI ROAD, KOZHIKODE. ADV. SRI.P.SANKARANKUTTY NAIR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 60 OF 2009 = = = = = = = = = = = = = = = Dated this the 5th day of July, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1017/03. The claimant, a 43 year old man, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.2,000/- and it is against that decision the claimant has come up in appeal for enhancement. 2. Heard the counsel for the appellant as well as the insurance company. The Tribunal without any reason has fixed the contributory negligence at 50% and had discarded each and every document produced by the claimant. The police has filed a charge sheet against the first respondent for rash and negligence driving. The Tribunal would state that when an FIR is filed against a person charge will be filed against him only. I think it is incorrect. Investigation is the instrumentality of the State and unless there are sufficient reasons it shall not be simply brushed aside. M.A.C.A. 60 OF 2009 -:2:- 3. Similarly PW1 has been examined in this case and he had deposed about the negligence of the driver. So really materials are only one sided to prove the negligence and therefore I hold that the accident took place on account of the rash and negligent driving of the first respondent. 4. Next is regarding the compensation. It is true that in the wound certificate only a superficial abrasion over the dorsal of nose with no fracture is noted. Disability certificate issued by the very same Medical College Hospital would reveal that he had nasal bleeding and he had abraded wound over left hand and right leg. It was also seen that there was blood stain on the left of the nasal cavity but no fracture of the nose was detected. But the X-ray would reveal a fracture of the patella of the right leg. He had continued treatment thereafter as well and the last document is relating to 26.8.04 which does not have any connection with the injury for the reason it deals with some lumbo- sacral sprain. So it is also noted by the Tribunal that a disability certificate of 1% has been produced. Therefore M.A.C.A. 60 OF 2009 -:3:- taking into consideration all these aspects I am recalculating the compensation as follows. 5. Being an auto driver by profession who had sustained a fracture of the patella cum nasal injury I award Rs.3,000/- towards loss of earnings, towards hospital expenses and extra nourishment I award a sum of Rs.1,500/-, towards transport I award a sum of Rs.500/-, towards pain and sufferings a sum of Rs.6,000/- is awarded. For 1% permanent disability for an income of Rs.2,000/- per month applying a multiplier of 14 as prescribed in Sarala Varma's case [2009 ACJ 1298(Sarala Varma v. Delhi Transport Corporation)] would come to Rs.3,360/- and Rs.2,000/- more is awarded towards loss of amenities and enjoyment in life, thus making a total compensation of Rs.16,360/- out of which Rs.2,000/- is already awarded. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.14,360/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is M.A.C.A. 60 OF 2009 -:4:- 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/-