K P MOHAMMED Vs. DEVESSIA
HIGH COURT OF KERALA
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(1.) The appellant, K.P. Muhammed, aged 48 years, sustained certain injuries in a motor traffic accident occurred on 20.6.1998 which he was riding on his motor cycle bearing No.KLW 918. It was alleged that the jeep bearing No.KL - 12 / A - 1710 owned by the 2nd respondent and driven by the 1st respondent in a rash and negligent manner hit against the motorcycle and thereby the appellant fell down and sustained injuries. The Kalpetta Police registered Crime 141/1998 against the 1st respondent alleging the commission of offences under S.279 and S.337 IPC. The appellant filed O.P. (MV) 327/98 before the Motor Accidents Claims Tribunal, Wayanad, claiming a total compensation of Rs.1 lakh. Thereafter he filed I.A. 1214/01 claiming interim award of Rs.25,000/- under S.140 of the Motor Vehicles Act. The above claim was disallowed. Aggrieved by the above order, the petitioner has come up in appeal.
(2.) Heard the learned counsel for the appellant.
(3.) The main argument advanced by the learned counsel for the appellant was that the appellant had sustained injuries and in view of Ext.A3 disability certificate issued by an orthopaedic surgeon, the appellant was entitled to an interim award under S.140 of the Motor Vehicles Act. The following are the injuries alleged to have been sustained by the appellant as revealed from para 11 of the petition: -
1. Vein cut below left knee.
2. Injury to chest.
3. Minor injuries and pain on several parts of the body.
The injuries as revealed in the petition do not disclose any fracture of any bones or any injury to the tendon. Ext.A3 is the certificate of disability issued by Dr. Vinod Govind, Orthopaedic Surgeon, on 5.8.99. The certificate reads:
"This is to certify that I have this day examined K.P. Mohamed, C/o. Kadeeja, Karigaparamban House, Kamblaka P.O., Wayanad, who states that he was involved in an RTA on 20.6.98 and find that he has a partially ankylosed ankle with minimal mobility in plantonflexion and without movement in abduction - adduction plane.
His permanent partial disability is 6% (six percent only)."
It is on the basis of the above certificate that the appellant made a claim for Rs.25,000/- invoking S.140 of the Motor Vehicles Act.;
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