Aboobacker v. Jacob Francis

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 MACA.No. 1706 of 2008 ( ) -------------------------------------- AGAINST THE AWARD IN OPMV 1711/1999 of II ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE DATED 12-02-2008 APPELLANT(S):

------------------------ ABOOBACKER THEKKULLAKANDI HOUSE, PO.THALAYAD., VIA.

UNNIKULAM, KIDAVOOR AMSOM AND DESOM, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S):

----------------------------

1. JACOB FRANCIS HOUSE , THAMARASSERY, KOZHIKODE

2. HARIDAS, S/O.CHANDUKUTTY, 47 YEARS, (DELETED) R/AT. ADIYARUKANDI HOUSE, PO.NALLALAM, KOZHIKODE. RESPONDENT No.2 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER DTD.27.11.13 IN IA No.3104/13 IN MACA 1706/2008.)

3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, VELIMANNA BUILDING THAMARASSERY. KOZHIKODE.

R,R3 BY ADV. SMT.M.LALITHA NAIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: das

T.R. RAMACHANDRAN NAIR & P.V. ASHA, JJ.

================================== ================================= Dated this the 9th day of January, 2015

JUDGMENT

This appeal is filed by the claimant in a motor accidents claim case. The accident occurred on 17.05.1999, while he was travelling on a motor cycle. The offending vehicle is a lorry which hit the motor cycle and he was thrown away from it.

2.

A total amount of 4,000/- (Rupees four thousand only) has been awarded by the Tribunal, which is under challenge in this appeal.

3.

Before the Tribunal, evidence was let in by the appellant and Exts.A1 to A8 have been produced. Ext.X1 is a disability certificate issued by the Medical College Hospital, Calicut.

4.

Heard learned counsel on both sides. The main contention raised is that Ext.X1 was found not acceptable

-2by the Tribunal wrongly. We have gone through the award. The Tribunal, after reference to the details in Ext.X1 found that 30% disability has been assessed but the injuries sustained by the appellant were only minor injuries. He has not sustained any injuries on the head or eyes. In the light of the above, the assessment in Ext.X1 that the appellant is having optic atrophy was found totally doubtful.

5.

Ext.A8 is the true copy of the accident registercum-wound certificate, wherein the injury noted is lacerated wound 1 x 0.5 cm. right knee. In Ext.A2 the injuries noted are abrasion right knee and tenderness right 8th and 9th rib. The Tribunal also found that exhibits show nothing abnormal. The period of treatment is only for two days namely from 17.05.1999 to 19.05.1999. 6.

The separate heads under which the amounts have been awarded have not been stated by the Tribunal. The amount awarded as 4,000/- is by taking all the

-3heads together. He would have been incurred at least some amount towards medical expenses. The bills produced are for the tune of 408/-. Nothing has been granted towards pain and suffering and other discomforts.

7.

We award a further amount of 6,000/-(Rupees six thousand only) which will make the total award amount to 10,000/- (Rupees ten thousand only), which will carry the interest at the rate of 9% per annum from the date of petition.

Appeal is allowed as above. No costs.

Sd/- T.R. RAMACHANDRAN NAIR JUDGE Sd/- P.V. ASHA JUDGE das