IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 MACA.No. 878 of 2005() ---------------------- OPMV.1405/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER IN OP.MV. -------------------------------------------- ANNAMMA, W/O.VARGHESE, KOKKADAN HOUSE, KUTTICHIRA P.O. MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP.MV. ------------------------------------ 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. K.D.JAIN, S/O.DEVASSY, KARAKKAL HOUSE, CHUVANNAMANNU P.O. THRISSUR. 3. SAVY, S/O.JOSEPH, PALAPPAKATH HOUSE, KUTTICHIRA P.O. 4. P.C.JOY, S/O.CHAKKU, PANDIPILLY HOUSE, PULINKARA, KUTTICHIRA P.O. 5. THE MANAGER, UNITED INDIA INSURANCE CO.LTD., MUVATTUPPUZHA 686 661. ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC FOR R1 SRI.A.R.GEORGE FOR R5 SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2010, ALONG WITH MACA NOS. 879 , 901 AND 905 OF 2005 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.Nos.878, 879,901 & 905 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2010 JUDGMENT Barkath Ali, J. All these appeals under Section 173 of Motor Vehicles Act arise out of a common judgment and award of Motor Accidents Claims Tribunal, Irinjalakkuda dated August 31, 2004 in O.P.(MV)Nos. 1405/1999, 1401/1999,1404/1999 and 1402/1999 respectively. All these claims arise out of the same accident and the appellants are the claimants in the O.Ps. On September 30, 1999 at about 10.15 a.m., claimants were travelling in a jeep bearing Reg.no.KLJ 5774 along Thrissur-Palakkad National Highway. When the vehicle reached at Vazhukkumpara, it collided head on with the KSRTC bus bearing Reg.No.KL-15/1896 driven by the second respondent. The claimants sustained serious injuries in the accident. Alleging negligence against the second respondent, the claimants filed the O.Ps. before the Tribunal under Section 166 of Motor Vehicles Act claiming compensation. The claimant in O.P.(MV)No.1401/1999 claimed a compensation of MACA.Nos. 878, 879, 901, 905 of 2005 2 Rs. 1,43,000 which was limited to Rs. 50,000/-. The claimant in O.P. (MV)No.1402/1999 claimed a compensation of Rs. 1,43,000 which was limited to Rs. 50,000/-. The claimant in O.P.(MV)No.1404/1999 claimed a compensation of Rs. 1,48,000 which was limited to Rs. 50,000/-. The claimant in O.P.(MV)No.1405/1999 claimed a compensation of Rs. 2,13,500 which was limited to Rs. 75,000/-. 2. Respondents 1 and 2, the Managing Director of KSRTC and the driver of the KSRTC bus filed a joint written statement admitting the accident, but denying the liability. Respondents 3 and 4, the owner and the driver of the jeep in their joint written statement contended that the accident occurred due to the negligence of the second respondent. The fifth respondent, the insurer of the jeep admitted the policy of the jeep. 3. These O.Ps. were jointly tried along with other O.Ps. filed by the legal heirs of the deceased persons in the accident and a common award was passed by the Tribunal. Pws 1 to 8 were examined and Exts.A1 to A45 were marked on the side of the claimants before the Tribunal. On the side of the respondents, Ext.B1 was marked. On an MACA.Nos. 878, 879, 901, 905 of 2005 3 appreciation of evidence, the Tribunal found that the accident occurred due to the negligence of the second respondent and awarded a compensation of Rs. 5153/- in O.P.(MV)No.1401/1999, Rs. 10,560/- in O.P.(MV)No.1402/1999, Rs.4513/- in O.P.(MV)No.1404/1999 and Rs. 4,832/- in O.P.(MV)No.1405/1999 with interest @ 6% per annum from the date of petition till realisation and proportionate cost. The claimants have now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the appellants/claimants and the counsel for the respondents. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the second respondent is not challenged in these appeals. Therefore, the only question that arises for consideration is whether the claimants are entitled to any enhanced compensation. M.A.C.A.No.879/2005 6. The claimant in O.P.(MV)No.1401/1999 sustained haematoma right forehead. The break up of the compensation awarded MACA.Nos. 878, 879, 901, 905 of 2005 4 by the Tribunal is as under : Loss of earning - Rs. 750/- Pain and suffering - Rs.3,000/- Extra nourishment - Rs. 200/- Transport to hospital - Rs. 250/- Medical bills - Rs. 953/- M.A.C.A.No.905/2005 7. The claimant in O.P.(MV)No.1402/1999 sustained head injury with haematoma, soft tissue injury etc. The break up of the compensation awarded by the Tribunal is as under : Medical expenses - Rs.4860/- Transport to hospital - Rs. 250/- Extra nourishment - Rs. 200/- Loss of earnings - Rs. 750/- Pain and suffering - Rs.4,500/- M.A.C.A.No.901/2005 8. The claimant in O.P.(MV)No.1404/1999 sustained injuries such as pain on left temporal area and low back. The break up of the compensation awarded by the Tribunal is as under : Loss of earning - Rs. 750/- Pain and suffering - Rs.2,000/- Extra nourishment - Rs. 200/- Transport to hospital - Rs. 250/- Medical bills - Rs. 1318/- MACA.Nos. 878, 879, 901, 905 of 2005 5 M.A.C.A.No.878/2005 8. The claimant in O.P.(MV)No.1405/1999 sustained head injury and pain. The break up of the compensation awarded by the Tribunal is as under : Loss of earning - Rs. 750/- Pain and suffering - Rs. 1,500/- Extra nourishment - Rs. 200/- Transport to hospital - Rs. 250/- Medical bills - Rs. 2132/- Taking into consideration the nature of the injuries sustained by the claimants and the period of treatment they have undergone, we feel that the compensation awarded by the Tribunal is just and reasonable. That being so, we find no merit in these appeals and the same are hereby dismissed. No cost. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.Nos. 878, 879, 901, 905 of 2005 6 MACA.Nos. 878, 879, 901, 905 of 2005 7