IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 MACA.No. 725 of 2004() ---------------------- OPMV.1583/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): PETITIONER ------------------------ MANOJ, S/O. GOPALAKRISHNAN, SELVI NIVAS, THIRUMALA WARD, ALAPPUZHA. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): RESPONDENTS --------------- 1. HAJI N.K. ABDEEN, S/O. KUNJU KHADER, MANAGING PARTNER, M/S. HAJI N.K. ABDEEL, JEWS STREET, ERNAKULAM. 2. MUHAMMED KUNJU, S/O. KUTTY, SOLOTHINKADAVU VEEDU, WARD NO.13, THRIKKAKKARA, KAKKANAD, ERNAKULAM. 3. THE UNITED INDIA INSURANCE COMPANY LTD., ALAPPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 725 of 2004 ------------------------------------------------------ Dated: JUNE 22, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act the claimant in OP(MV) 1583/1996 on the file of the Motor Accidents Claims Tribunal, Alappuzha, challenges the judgment and award of the Tribunal, dated, June 3, 2003 awarding a compensation of Rs.25,000/- for the loss caused to the claimant on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these: The claimant was a gold smith working in Asha Jewellery, Alappuzha. On March 25, 1996 at about 7.30 p.m. the claimant was pillion riding on a bicycle ridden by his brother near Aiswarya Auditorium, Mullakkal, Alappuzha. At that time a Matador Van bearing registration No.KBF 486 driven by the 2nd respondent came at a high speed from the opposite side and knocked him down. The claimant and his brother sustained injuries. According to the claimant the accident occurred due to the negligence on the part of the 2nd respondent. The 1st respondent as the owner, the 2nd respondent as the driver and the 3rd respondent as the insurer of the offending van are jointly and severally liable to pay compensation to the claimant. The claimant claimed a M.A.C.A.725 of 2004 2 compensation of Rs.1,75,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending van, remained absent before the Tribunal and were set ex parte. The 3rd respondent, insurer of the offending van, filed a written statement admitting the policy. 4. This O.P. was jointly tried along with OP(MV) 1584/1996 filed by the brother of the claimant who also was injured in the same accident. PWs.1 and 2 were examined and Exts.A1 to A17 were marked on the side of the claimant before the Tribunal. On an appreciation of evidence the Tribunal awarded a compensation of Rs.25,000/- with interest at the rate of 6% per annum from the date of petition till realisation and a cost of Rs.300/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant/claimant and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 2nd respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. M.A.C.A.725 of 2004 3 7. The claimant sustained the following injuries as revealed from Ext.A12, copy of the wound certificate, and Ext.A13 discharge summary issued from the Medical College Hospital, Alappuzha:- “Lacerated injury (R) side of the (R) eyebrow 1 x 1 cm. Lacerated injury 1 x 1 cm. Lt. face Multiple abrasions (R) head (dorsum) forehead.” Ext.A15 scan report showed that the claimant has left temporal forcal intracerebral and mild diffuse cerebral oedema. Ext.A16 certificate dated February 2, 2000 shows that the claimant has behavioural disturbances in the form of emotional outbursts. He was aged 14 at the time of the accident and was studying in the 9th standard. 8. The Tribunal awarded a total compensation of Rs.25,000/-. The break up of the compensation awarded is as under:- treatment, medicine and other expenses - Rs.4,000/- pain and suffering - 8,000/- loss of service of parents - 5,000/- discomfort, loss of amenities etc. - 8,000/- 9. The Counsel for the appellant/claimant submitted that no compensation was awarded for the disability caused and that the compensation awarded is very low. We are unable to agree. No certificate is produced to show that the claimant has suffered any M.A.C.A.725 of 2004 4 disability due to the injuries sustained. Ext.A16 dated 2.2.2000 shows that the accident was of the year 1996. Therefore the Tribunal is perfectly justified in rejecting Ext.A16. Taking into consideration the nature of the injuries sustained by the claimant, we feel that the compensation awarded by the Tribunal is just and reasonable. It follows that he is not entitled to any enhanced compensation and the appeal has to be dismissed. In the result the appeal is dismissed. No costs. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-