P.T. Sreedharan vs Shaji and New India Assurance Co. Ltd.

M.N. Krishnan, J.—This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2968/02. It is the case of the claimant that while he was walking along the road a scooter came from behind and dashed against him. The Tribunal awarded a compensation of Rs. 4,000/-and exonerated the insurance company on the ground that the existence of a policy is not proved.

Here the owner of the vehicle has not entered appearance nor has produced any document to prove the existence of a valid policy. A perusal of the documents produced by the learned Counsel would reveal that he had sustained a traumatic injury on the right scalp and was treated as an inpatient in the hospital from 5.2.02 to 11.2.02. The C.T. Scan report reveal that there was no intra-cranial injury. He was administered some antibiotics and some pain killers. The wound was also sutured on 4.2.02 on the date of accident. Therefore taking into consideration the fact that there was an injury on the head which necessitated radiological as well as scan examination, there would have been agonizing pain, depriving of doing work etc. for a period of 1 to 2 months. He should have been forced to take some extra nutritious food and it would have caused him some loss of amenities. So taking into consideration all those facts together I award a sum of Rs. 10,000/- as a total compensation out of which Rs. 4,000/- is awarded and therefore the claimant is entitled to an additional compensation of Rs. 6,000/-. Since the policy is not proved the insurance company has to be exonerated as well and therefore the MACA is partly allowed and the claimant is awarded an additional compensation of Rs. 6,000/- with 7.5; interest on the said sum from the date of petition till realisation and the first respondent is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment.