The High Court of Kerala disposed of a Motor Accident Claims Appeal filed by an injured motorcycle rider seeking enhanced compensation. The court rejected the appeal, finding no reason to enhance the ₹91,500 award given the facts and lack of disability issues. The doctor was not examined before the Tribunal.
The appeal is rejected. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY,THE 28TH DAY OF NOVEMBER 2018 / 7TH AGRAHAYANA, 1940
MACA.No. 769 of 2007
AGAINST THE AWARD IN OPMV 471/2000 of M.A.C.T., PALAKKAD DATED 25-09-2006
APPELLANT/S:
A.ABBAS, S/O. AHAMMEDKUTTY, KANAKARAJ BUILDING, NAINTHARA,, VADAKKENCHERRY P.O., ALATHUR TALUK.
BY A.ABBAS (PARTY)
RESPONDENT/S:
4/168 CHANDAKUNNU, IRINJALAKUDA,, THRISSUR DISTRICT.
BY ADV. SRI.LAL GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA 769/2007
2
J U D G M E N T
The injured in an accident is in appeal
from the award of the Tribunal. The injured aged 43 years was riding a motor cycle which was hit by a bus coming in the opposite direction. Negligence was found on the bus driver. The victim aged 43 years suffered serious injuries. The offending vehicle was also covered by a valid insurance policy. The appeal is for enhancement of the compensation awarded. The injuries as seen from Ext.A5 are as follows:
“lacerated wound 5x5 cm bone deep on
right eye. Crushed lacerated wound 2.5x5 cm on right cheek, abrasions above left eyebrow below left eye, on left knee, right leg, right foot, right big tow,
fracture femur right thigh.”
Ext.A6 discharge certificate shows inpatient treatment for 15 days.
MACA 769/2007
3
2. The appellant claimed before the
Tribunal that he was doing business at the time of the accident. Though there was income tax statements produced before the Tribunal, there was absolutely no reason to compute the monthly income for reason of no disability having been stated. There was a disability certificate produced at Ext.A9 which was by the Doctor and not by the medical board. The appellant did not examine the doctor before the Tribunal. The Tribunal granted a total amount of Rs.91,500/-. This Court does not find any reason to grant any enhancement on the facts as coming out from the records of the case.
The appeal would stand rejected. There is no order as to costs in the appeal.
Sd/-
K. Vinod Chandran, Judge
jma
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal warrants enhancement.
A. Abbas
P.K. Balan
P.P. Thomas So Sebastian
The National Insurance Company Ltd.
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
