IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 MACA.No. 1119 of 2004() ---------------------------------- OPMV.410/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER. ---------------------- ALICE W/O.THANCKACHAN, VATTAMATTATHIL HOUSE, IRUMBAYAM, VELLOOR P.O. KOTTAYAM. BY ADV. SRI.RAJEEV V.KURUP RESPONDENTS/ RESPONDENTS ----------------------- 1. SUNIL K. MANOHAR, KARIYETHARA HOUSE, POONITHURA, THRIPOONITHURA, ERNAKULAM. 2. PRAMOD, ARTHIYEL HOUSE, CHAMPAKKARA OF DO. DO. 3. THE NATIONAL INSURACE COMPANY LTD., REP.BY ITS REP. BY ITS DIVISION MANAGER, KOTTAYAM. BY ADV. SMT.SARAH SALVY - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1119 OF 2004 = = = = = = = = = = = = = = = Dated this the 6th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)410/01 whereby the claimant's application for compensation was dismissed on the ground that she had failed to prove that she had sustained injuries in the road accident. The poor claimant was only a passenger in a bus. There was a collision between two buses and it is her case that she had sustained injuries. The disability certificate issued by the Community Health Center, Vaikom would reveal that she was admitted in the hospital on 28.7.00 as I.P.7279 and discharged on 6.8.00. It has to be held that unfortunately when the police prepared the charge they did not include her name as a witness which would have gone a long away to prove her case. But later the police understood the mistake committed by them and thereafter on analysis and after recording her statement included her also as a witness to the M.A.C.A. 1119 OF 2004 -:2:- case. The treatment records speaks in volume about her sustainment of injuries in a road accident. She was treated in the Vaikom Health Center and she was also referred to Medical College Hospital, Kollam. A perusal of her 161 statement which of course is recorded after about 2, 3 years would reveal that she had sustained injuries on the right eye-brow and lower limb, the factum that she was inpatient in the hospital for six days and was referred to Medical College Hospital would show that it was not a superficial injury so as to award only a very nominal compensation. Taking into consideration the facts and circumstances of the case and from the materials available I hold that she had sustained injuries in a road accident and was a passenger in one of the buses which met with the accident. Since specific particulars regarding the treatment expenses are lacking the only way is to give her a consolidated compensation which I fix as Rs.4,000/-. The insurance company is liable to pay the said amount. Therefore the appeal is allowed and the award of the Tribunal is set aside and the claimant is awarded a M.A.C.A. 1119 OF 2004 -:3:- compensation of Rs.4,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment and she is permitted to withdraw the said amount. M.N. KRISHNAN, JUDGE. ul/-