MACA No. 1301 of 2011. Case: Krishnanand Vs Ajeshkumar and Ors.. High Court of Kerala (India)

Case NumberMACA No. 1301 of 2011
CounselFor Appellant: V.S. Chandrasekharan and Lekshmi Swaminathan, Advs. and For Respondents: M.A. George, Adv.
JudgesC.K. Abdul Rehim and V. Shircy, JJ.
IssueMotor Vehicles Act
Judgement DateFebruary 01, 2017
CourtHigh Court of Kerala (India)


V. Shircy, J.

  1. Dissatisfied with the quantum of compensation awarded to the claimant/appellant, this appeal has been preferred by him against the judgment of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV) No. 827/2006.

  2. The brief facts of the case is as follows: On 12.12.2005 at about 5 p.m., the 1st respondent riding a motor cycle bearing No. KL 18A-6766 through public road near Kakkattil Ajantha Talkies. The appellant was travelling as pillion rider. Then the 1st respondent came in another motor cycle in a rash and negligent manner and hit on their motor cycle. As a result the appellant/claimant fell down on the road and the front wheel of a bus bearing No. KL-13/J-6309 came from Kuttiadi ran over through the appellant's right leg and thereby caused grievous crush injuries to him. He was immediately rushed to the Medical College Hospital and he had undergone treatment there and thereafter in the Baby Memorial Hospital, Kozhikode. He has claimed compensation for the injuries sustained by him. The accident as well as the insurance policy are not in dispute. So also the finding regarding the negligence of the 1st respondent in causing injuries to the appellant is not under challenge in the appeal. So the only question to be considered is whether the Tribunal has awarded just compensation to the appellant who sustained serious injuries in the accident.

  3. Ext. A2 is the wound certificate of the appellant. Ext. A4 is the treatment certificate. As revealed from the records, he has sustained crush injury to his right leg and other injuries for which he had to undergo treatment in the Medical College as well in Baby Memorial Hospital. Ext. A6 series and Ext. A7 series are the medical bills pertaining to the expenses met by him for the treatment in the Baby Memorial Hospital. The learned Tribunal had awarded only an amount of Rs. 34,500/- as compensation for the injuries sustained by him. It is to be noted as the appellant had sustained crush injury, he had to remain in the hospital for a considerable period and he had to spent money for the treatment in the Baby Memorial Hospital. So we find that the amount awarded as compensation by the Tribunal is inadequate and unreasonable.

  4. The incident was in the year 2005. The claimant was aged only 29 years at the time of the accident. According to the learned counsel for the appellant, he was working as a teacher in a public school at Vattoli and was drawing a monthly salary...

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