IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 MACA.No.2058 of 2008 (G) -------------------------------- OPMV.2524/2002 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER ----------------------------- DR.V.P.SASIDHARAN, AGED 53 YEARS, S/O.APPUTTY, RESIDING AT 'KRISHNA', ARIYALLUR POST, MALAPPURAM DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS: RESPONDENTS ------------------------------------- 1. SACHIDANANDAN, S/O.GOVINDAN, AGE NOT KNOWN, PAYANKARA PUTHEN HOUSE, KANJIKODE, PALAKKAD DISTRICT. 2. C.P.ABOOBACKER, S/O.CHAKKU, AGE NOT KNOWN, CHOORAPURAM HOUSE, VALIYAD P.O. KODOOR, MALAPPURAM DISTRICT. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, WHILE LINE, BUILDING, KALLAI ROAD, CALICUT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. A. C. A. No.2058 of 2008 ------------------------------------------------ Dated this the 6th day of October, 2008 JUDGMENT Koshy, J Appellant/claimant a Doctor by profession sustained injuries in a motor accident. He did not get himself examined in the court. Ext.A1 is the FIR. As per Ext.A1, three vehicles were involved in the accident i.e. a car owned by the petitioner, a bus insured by respondent No.3 and a lorry. According to the petitioner, he lost control of the car due to hit by the bus on the rear side of the car and the car hit the lorry. But the lorry owner was not impleaded. No charge sheet was produced. Even accepting the evidence of the petitioner, Tribunal found that both the drivers of the car and bus were equally negligent. It is also stated that the petitioner sustained only soft M. A. C. A. No.2058 of 2008 -2- tissue injury. No evidence was adduced to show that he was treated as an inpatient. No discharge card/summary is produced. The Insurance Company opposed even the medical bills produced. Even though, Tribunal apportioned the negligence equally between the driver of the car and driver of the bus after calculating a total compensation of Rs.6,000/-, only 15% was deducted and Rs.5,100/- was awarded with interest. We see no ground to interfere with the award so passed by the Tribunal. Appeal fails and is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-