IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 MACA.No. 11 of 2003(B) ------------------------------ OPMV.1167/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER : ------------------------------- KANDAN, S/O. CHAMI, AGED 32 YEARS, RESIDING AT VALLATHU HOUSE, PUDUPARIYARAM, PALAKKAD TALUK. BY ADV. SRI.T.C.MOHANDAS SMT.S.CHITHRA RESPONDENTS/RESPONDENTS : --------------------------------------- 1. MANAGER, M/S. BRIGHT BUS SERVICE, MANJERI. 2. ESWARADAS, S/O. LATE RAMAN NAIR, "PADMASREE", KAVANER, ERANAD, MALAPPURAM DISTRICT. 3. PANDAPADAN ABDUL SALEEM,S/O.ABDULLA HAJI PANDAPADAM HOUSE, NARUKKARA, MANJERI. 4. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, MANJERI, MALAPPURAM. BY ADV. SMT.K.C.BEENA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M. N. KRISHNAN, J. --------------------------- M.A.C.A No.11 of 2003 ------------------------------------ Dated this the 26th day of September, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P (M.V) No.1167 of 1993. The claimant, a driver by profession sustained injuries in a road accident alleged to have been caused on account of a collision between the jeep driven by him and a bus. The claimant would contend that the accident took place on account of negligence of the bus driver. The tribunal considered various documents and in the absence of concrete materials decided to apportion the negligence. The tribunal held that though the criminal liability was set in against the driver of the bus ultimately at the time of laying charge, the complainant became the accused and the bus driver was not charge sheeted. The tribunal took note of the width of the road and other aspects and held that the jeep driver also has contributed to the accident and therefore apportioned the negligence at 50% or in other words he had contributed 50% to the accident. I cannot find any error especially in the absence of materials to hold otherwise. M. A.C.A No.11 / 2003 2 2. Next question is regarding the compensation. The claimant was a 32 year old man, a driver by profession. He had sustained a fracture of the pattella and he had produced disability certificate showing 2% permanent disability. He was treated as an inpatient in the hospital for 25 days. He was admitted on 2/08/1992 and discharged on 27/08/1992. The tribunal did not accept the disability on the ground that in the prescription the fracture is mentioned as suspected fracture. The disability certificate coupled with the prolonged hospitalisation for 25 days will justify the case of the claimant regarding 2% of disability. The tribunal has not awarded any compensation for pain and sufferings or for permanent disability or for loss of amenities and enjoyment in life. Towards pain and sufferings and for the long hospitalisation coupled with incapacity for doing any work, I grant him an amount of Rs. 7,000/- as compensation. There is nothing wrong in fixing the disability at 2%. When it is so and the income is taken as Rs.18,000/- per annum and multiplier of 17 is applied, then the disability compensation would come to Rs.6,120/-. Certainly the fracture on patella would have caused loss of amenities and enjoyment in life due M. A.C.A No.11 / 2003 3 to the injury sustained at the age of 32 years, I award a compensation of Rs.5,000/- in that head. Therefore, the claimant will be entitled to an additional compensation of Rs.18,120/-, deducting 50% for the contributory negligence, he will be entitled to get an amount of Rs.9060/-. In the result, the M.A.C.A. is partly allowed and the claimant is awarded an additional compensation of Rs.9060/- with 7% interest on the said sum from 22/05/1993 till realisation and the respondent Insurance Company is directed to deposit the amount within a period of 60 days from the date of receipt of copy of this judgment. M. N. KRISHNAN, JUDGE scm