IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 MACA.No. 355 of 2010() ---------------------- MVOP.877/2006 of M.A.C.T OTTAPPALAM .................... APPELLANT(S): PETITIONER IN THE O.P. ------------------------------------ SAHIR AND 30 YEARS, S/O.ABDUL SALAM, KOTTILINGAL HOUSE,S.R.K.NAGAR P.O., OTTAPALAM TALUK,PALAKKAD DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): REPRESENTED IN OP -------------------------------- 1. KANNAN, AGED 56 YEARS, S/O.KITTU,VAIKKAPPARA HOUSE, PARLI P.O.,PALAKKAD DISTRICT. (DRIVER OF AUTORICKSAW NO.KL.9/S-6917,) 2. C.S.ABBAS AND 60 YEARS, AALUMKOOTTATHIL VEEDU, NAGARIPURAM P.O., PATHIRIPALA,PALAKKAD-679642.(OWNER OF VEHICLE NO.K.L.09-S-6917 3. THE ORIENTAL INSURANCE COMPANY LIMITED, BY ITS MANAGER, BRANCH OFFICE JYOTHI SUPER BAZAR THODUPUZHA-685584. (INSURER OF VEHICLE, KL-09-S-6917). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.355 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No. 877/2006 of Motor Accidents Claims Tribunal, Ottapalam challenges the judgment and award of the Tribunal granting a compensation of Rs. 1,25,950/- for the loss caused to him on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these : On March 1, 2006 at about 3.p.m. , the claimant was travelling in a lorry bearing Reg.No.KL 9 S-6917 along Karwar-Hubli road. When the lorry reached near Kalghatagi, due to the negligent driving of the lorry by first respondent, it dashed against a tree on the side of the road and overturned. Claimant sustained serious injuries. According to the claimant, accident occurred due to the rash and negligent driving of the lorry by its driver, the first respondent and the respondents 1 to 3, the owner, driver and insurer of the offending lorry are jointly and MACA.No.355/2010 Page numbers severally liable to pay compensation to the claimant. He claimed a compensation of Rs. 7,80,000/-. 3. First respondent remained absent before the Tribunal. Second respondent, the owner of the vehicle filed a written statement contending that the claimant was the cleaner of the lorry at the time of the accident and that there was no negligence on the part of the driver of the offending vehicle. The third respondent, the insurer of the lorry, filed a written statement admitting the policy, but contending that as the claimant was a passenger in a goods vehicle, his risk is not covered by the policy and that there was no negligence on the part of the driver of the lorry. 4. PWs 1 and 2 were examined and Exts.A1 to A10 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting respondents. The Tribunal on an appreciation of evidence found that the accident occurred due to the negligence on the part of the first respondent, the driver of the offending lorry and awarded a compensation of Rs. 1,25,900/-. The claimant has now come up in appeal challenging the quantum of MACA.No.355/2010 Page numbers compensation awarded by the Tribunal. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the first respondent is not challenged in this appeal. Therefore, the only question for consideration is whether the claimant is entitled to any enhanced compensation ? 6. Heard the learned counsel for the appellant. On going through the award passed by the Tribunal, we feel that the appeal can be disposed of even without issuing notice to the respondents. 7. The claimant sustained fracture of left shaft femur, fracture of lower 1/3rd of left leg and injury to the right side of upper part of chest. Ext.A4 is the copy of the wound certificate and Ext.A7 is the medical certificate. He was admitted in the hospital on 01/03/2006 and was discharged on 14/03/2006. Ext.A8 is the discharge summary issued from the hospital. 8. The Tribunal awarded a total compensation of Rs. 1,25,950/-. The break up of the award amount is as under : Medical expenses - Rs. 75,850/- Bystander's expenses -Rs. 2,100/- MACA.No.355/2010 Page numbers Extra nourishment -Rs. 6,000/- Pain and suffering -Rs. 16,000/- Loss of amenities -Rs. 10,000/- Loss of earning -Rs. 16,000/- ------------------ Rs.1, 25,950/- ========== 9. Taking into account the nature of the injury sustained and the period of treatment the claimant has undergone, we feel that the compensation awarded by the Tribunal appears to be reasonable. Therefore, we are not disturbing the same. That being so, there is no merit in the appeal and the same has to be dismissed. In the result, the Appeal is dismissed. In the circumstances, no cost. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.355/2010 Page numbers