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 11TH JANUARY 2011 / 21ST POUSHA 1932 MACA.No. 258 of 2005() ---------------------- (OPMV.946/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM) .................... APPELLANT/PETITIONER IN OP(MV) -------------------------------------------------------- RAVIKUTTAN PILLAI, RAVEESH NILAYAM, MANAPPALLY VADAKK, PAVUMBA. BY ADVS. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS/RESPONDENTS IN OP(MV) -------------------------------------------------------------- 1. VENUGOPALA PILLAI, PAZHAVOOR THEKKETHIL, MANAPPALLY. 2. REGHUTHAMAN NAIR, THAZHAVOOR PADINJATETHIL, MANAPPALLY NORTH, KARUNAGAPPALLY. 3. NATIONAL INSURANCE COMPANY, KOLLAM. 4. VISWANATHA PILLAI, MAMBOLIL, SOORANAD. 5. SADANANDAN PILLAI, RAJESH BHAVAN, MANATHURKULANGARA, ALUMKADAVU, KARUNAGAPPALLY. R3 BY ADV. SRI.JOE KALLIATH R4, 5 BY ADV. SRI.K.SUBASH CHANDRA BOSE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 258 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 11th day of January, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.946 of 1996 on the file of the Motor Accidents Claims Tribunal, Kollam. In this appeal he challenges the judgment and award of the Tribunal dated June 20, 2003 awarding a compensation of Rs.87,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident . 2. The accident happened on October 26, 1994 at about 4.35 p.m. While the claimant was pillion riding on a scooter bearing registration No. KLB 9035 ridden by the 2nd respondent and when they reached at Puthentheruvu Junction in Karunagappally Taluk, it dashed against a car bearing registration No.KL-2A/5563 driven by the 5th respondent. Alleging negligence against the driver of the scooter as well as the driver of the car, the claimant filed MACA 258/2005 2 the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.5 lakhs. 3. Respondent No.1 was the registered owner, respondent No.2 was the driver and respondent No.3 was the insurer of the scooter at the time of the accident. Respondent Nos.4 and 5 were the owner and driver of the car involved in the accident. Only respondent No.3 insurer of the scooter contested the matter. Respondent No.3 in its written statement admitted the policy of the scooter but attributed negligence to the 5th respondent driver of the car. PWs.1 and 2 were examined and Exts.A1 to A15 were marked on the side of the claimant. No evidence was adduced by the contesting 3rd respondent. On an appreciation of the evidence, the Tribunal found that the accident occurred due to negligence of respondent No.5 and awarded a compensation of Rs.87,000/- with interest @ 9% p.a. from the date of petition till realization against respondents 4 and 5. The claimant has come up in appeal challenging the quantum of compensation awarded by the MACA 258/2005 3 Tribunal. 4. Heard the learned counsel for the appellant/claimant and learned counsel for respondents 4 and 5 Insurance Companies. 5. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the respondent No.5 is not seriously challenged in this appeal. Therefore, the only question, which arises for consideration, is whether the claimant is entitled to any enhanced compensation. 6. The claimant sustained fracture of frontal bone, maxilla and nasal bone, black eyes, lacerated wound 4 cm. X 1 cm. above the left eyebrow, multiple abrasions on the face, left knee, left hand, shoulder and right hand and bleeding from nose and left ear. He also sustained middle cranial fossa fracture on the maxillary bone. 7. The Tribunal awarded a total compensation of Rs.87,000/-. Break up of the compensation awarded is as under:- MACA 258/2005 4 Loss of earning : Rs. 4,500 Transportation : Rs. 2,000 Treatment expenses : Rs. 5,200 Bystander expenses : Rs. 3,000 Damage to clothing and : Rs. 2,000 extra nourishment. Pain and suffering : Rs.20,000 Disability : Rs.35,100 Discomforts, inconveniences : Rs.15,000 and loss of amenities and enjoyment in life. ------------------ Total : Rs.86,800 Rounded to : Rs.87,000 ======= 8. The learned counsel for the appellant/claimant sought enhancement of compensation for the disability caused, pain and suffering endured and on other heads. 9. The Tribunal took the monthly income of the claimant as Rs.1,500/-, took the percentage of disability as 15%, adopted multiplier of 13 and awarded Rs.35,100/- towards disability caused. Taking into consideration the nature of the injuries sustained, disability caused and the period of treatment he has undergone, we feel that the compensation awarded by the Tribunal is just and reasonable. It follows that the claimant is not entitled to any MACA 258/2005 5 enhanced compensation. That being so, the appeal is liable to be dismissed. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn