IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 MACA.No. 2753 of 2008() ----------------------- AGAINST THE ORDER DATED 22/02/2008 IN IA. 1219 /2007 IN OPMV.2381/1999 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT(S): REVIEW PEITIONER IN I.A./PETITIONER IN O.P(MV) ------------------------------------------------------------ RAJANI, W/O.VIJAYAN, AGED 33 YEARS, KOLANGEDATH HOUSE, P.O.MERIKUNNU, CALICUT. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S): RESPONDENTS IN I.A/RESPONDENTS IN O.P.(MV) --------------------------------------------------------- 1. A.SADANANDAN, S/O.KUNHIKANDAN, ASSARIKANDIYIL HOUSE, O;O.CHELAVOOR, CALICUT. 2. THE NEW INDIA ASSURANCE CO.LTD, DIVISIONAL OFFICE, CHEROOTY ROAD, CALICUT. 3. THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM. ADV. SRI.K.C.SANTHOSHKUMAR FOR R2 SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------------------- M.A.C.A. NO. 2753 OF 2008 ------------------------------------------ Dated this the 24th day of September, 2009. J U D G M E N T This is an appeal preferred against the award of the Motor Accident Claims Tribunal, Kozhikkode in O.P.(M.V) No.2381 of 1999 on the ground documents are not produced to prove the negligence and the involvement. The Tribunal has also passed an order in a review application which would indicate that the Tribunal was totally satisfied with the involvement of the claimant in the accident but rejected the review petition on a technical ground that the documents were not produced at the relevant time and therefore, review petition cannot be indemnified. After hearing the learned counsel for the parties and perusing the other documents made available it can be seen that the accident took place on account of the collision between two buses. One was a private bus and the other was a Kerala State Road Transport Corporation bus. It is seen that the charge sheet is filed by the Tribunal against the private bus. Other persons were also injured in the accident and the Tribunal has passed an awards in O.P.(MV) 2454/99, 2453/99, 2459/99, 2457/99 and 2458/99. In all these cases Insurance Company of the private bus had compromised the matter accepting the liability. So M.A.C.A. NO. 2753 OF 2008 2 the involvement of the vehicle and the negligence aspect are seen concluded by the acceptance of the Insurance Company to compromise the matter. So if the claimant is able to establish that she was involved in the accident necessarily she alone cannot be shut out and denied compensation. Learned counsel made available before me the wound certificate of the claimant which will establish that she was brought to the Medical College Hospital on 9.7.1999 on account of the collision between two buses near Malappuram and in that she had avulsed teeth and mobility teeth with fracture of the incisial tip. The Tribunal as evident from the order in the review petition has stated that the petitioner has produced certified copies of records necessary to prove the case. But he did not entertain it on the ground that it should not be done at that stage. The materials available show that the claimant sustained injuries in a road accident as referred to above. Now only the quantum of compensation remains. She had injury on her teeth. There was avulsion and mobility of teeth and fracture of the tip of one tooth. She visited the Dental Department of the Medical College Hospital, Kozhikkode. That has no serious injury and documents are not produced to establish it. Therefore, I fix the compensation as follows: M.A.C.A. NO. 2753 OF 2008 3 For 15 days Rs.750/- is fixed as loss of earnings. Towards treatment and other expenses I award Rs.750/-. Since the injury is on the face involving the teeth towards pain and suffering I grant a sum of Rs.3,000/-. It is also to be stated that she had a fracture on the tip of the teeth besides mobility and avulsion. I grant a sum of Rs.3,000/- for the same thereby entitling the claimant to take compensation of Rs.7500/-. In the result, the M.A.C.A. is allowed and the claimant is awarded a compensation of Rs. 7,500/- with 7% interest the said sum from the date of petition till realisation and the respondent Insurance Company is directed to deposit the amount within a period of 60 days from the date of the receipt of the copy of this judgment. Appeal disposed of accordingly. M.N. KRISHNAN, JUDGE. pm M.A.C.A. NO. 2753 OF 2008 4 M.A.C.A. NO. 2753 OF 2008 5