IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 MFA.No. 1343 of 2001(C) ---------------------------------- MVOP.1729/1998 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR .................... APPELLANTS/ RESPONDENTS -------------------- THE DIST. INSURANCE OFFICER, DIST. INSURANCE OFFICE, THRISSUR. BY GOVERNMENT PLEADER RESPONDENTS/ RESPONDENTS/ PETITIONER IN THE OP. ----------------------- 1. PAUL GLETTO, S/O. LONAPPAN, MAROCKEY HOUSE, P.O. POOTHRAKKAL, THRISSUR. 2. WILSON P.D., PELLISSERY HOUSE, PARALAM P.O., PARALAM VILLAGE. BY ADV. SRI.JIJO PAUL - R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.F.A. NO.5872/2002 ORDER ONC MP. NO. 5872/2002 IN MFA. NO.1343/2002 DISMISSED 03.03.2008 SD/- J.B.KOSHY, JUDGE SD/- K.HEMA, JUDGE /TRUE COPY/ P.A. TO JUDGE tss J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.1343 OF 2001 ------------------------------------- Dated 3rd March, 2008 JUDGMENT Koshy,J . Second respondent approached the Motor Accidents Claims Tribunal, Thrissur claiming compensation for the injuries sustained by him in a motor accident while he was travelling as a pillion rider. The accident occurred due to the negligence of the rider of the motor cycle and the motor cycle was insured by the appellant insurance company. Tribunal considered the matter and awarded an amount of Rs.1,38,600/= after finding that there is contributory negligence of 10% on the claimant pillion rider. With regard to the injuries sustained by the claimant, Tribunal found as follows: “As I have already pointed out , after the accident the petitioner was taken to Elite Mission Hospital, Thrissur as evident from Ext.A2 wound certificate. X-ray revealed fracture to the right femur. Ext.A5 is the discharge summary which would reveal that the fracture to the femur was a long spiral comminuted fracture at the sub trochanteric region. Open reduction and internal fixation was done using plate and screw under general anasthesia. The post-operative period was uneventful and he was discharged on 11.8.1998. Ext.A4 is another discharge summary issued by the St.Joseph's Hospital, Choondal which would go to show that he was MFA.1343/2001 2 admitted to that hospital on 1.12.1998 and was discharged on 17.12.1998. Since there was delayed union plate and screws were removed and interlocking nailing was applied on 5.12.1998.” Tribunal has granted Rs.15,000/= for pain and suffering. Since he was under treatment for a period of six months, Rs.9,000/= was awarded for loss of earnings for six months. Another Rs.15,000/= was awarded for loss of amenities. Medical bills for Rs.61,849/= were produced. Tribunal awarded Rs.65,000/= for medical and other incidental expenses. Even though there was fracture to the right femur and there was shortening of the right leg and foot and Tribunal also noticed that even at the time of examination wound of thigh was not healed, only Rs.50,000/= was awarded for loss of earning capacity. Claimant was aged 29. If the disability was assessed on a multiplier method, amount ought to have been higher. Tribunal actually found that the accident occurred due to the negligence of the rider. Even 10% contributory negligence is attributed only on presumption, but, there was no evidence of contributory negligence on the part of the claimant who was only a pillion rider. Eight grounds are raised in the appeal, but, none of the grounds are tenable. Considering the medical certificate produced, the amount MFA.1343/2001 3 awarded for medical and incidental expenses is very low. There will be many incidental expenses during inpatient treatment other than those covered by actual bills. In the above circumstances, we see no ground to interfere with the findings of the Tribunal. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks