M.K.CHANDRAN versus PRAKASH

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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M.K.CHANDRAN v. PRAKASH - MFA No. 1376 of 1999 [2006] RD-KL 649 (31 August 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 1376 of 1999()

1. M.K.CHANDRAN
... Petitioner

Vs

1. PRAKASH
... Respondent

For Petitioner :SRI.M.M.SAIDU MUHAMMED

For Respondent :SRI.JOHN KOSHY

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :31/08/2006

O R D E R

J.B. KOSHY & M.SASIDHARAN NAMBIAR, JJ.

M.F.A. No.1376 of 1999

Dated this the 31st day of August, 2006

Judgment

Koshy,J.

Appellant filed an application for compensation claiming Rs.50,000-00 for injuries sustained in a motor accident occurred on 22-5-1994. On that day, appellant was travelling in an autorickshaw, bearing registration No.KL 7E/5070, from Perumbavoor to Iringole in west to east direction. The autorickshaw was driven by the first respondent. The autorickshaw collided against another autorickshaw bearing registration No. KL7B/669 which was coming from opposite direction. The autorickshaw in which the appellant was travelling overturned. The appellant and other passengers in the autorickshaw sustained serious injuries. The appellant sustained injuries such as: (1)lacerated wound (R) temporal region; and (2) fracture (R) clavicle. No permanent disability certificate was produced. Motor Accidents Claims Tribunal, on the basis of evidence, found that the accident occurred mainly due to the negligence of the driver of the autorickshaw KL7E/5070.  M.F.A.No.1376/99 2 But, the driver of the other autorickshaw was also negligent by 20%. The above finding is based on evidence and affirmed in other cases. That autorickshaw driver was not made as a party. The tribunal calculated total compensation payable to him at Rs.19,500/-. After deducting 20%, compensation of Rs.15,600/- was awarded to the claimant with 12% interest from the date of application till the date of realisation. The claim was filed in 1994. The award itself was passed only on 31-5-1999. Considering the fact that the accident happened in 1994 and also considering the nature of injuries, total amount of compensation awarded, rate of interest granted etc., we are of the opinion that the tribunal has granted just and reasonable compenstion and no interference is required. The appeal is dismissed. J.B.KOSHY

JUDGE

M. SASIDHARAN NAMBIAR

JUDGE

vaa  J.B. KOSHY AND

M.SASIDHARAN NAMBIAR,JJ.

M.F.A. No. 1376 of 1999 Judgment

Dated:31st August, 2006



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