IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 MFA.No. 856 of 2000(B) ---------------------- OPMV.629/1990 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER -------------- KALY ALIAS KALIKUTTY W/O SANKARAN KADAMPULLY VEEDU MANATHALA CHAVAKKAD BY ADV. SRI.M.M.SAIDU MUHAMMED RESPONDENTS/RESPONDENTS --------------- 1. RASHEED ALIAS RIPPIL,S/O HAMSA PUTHENVEETTIL VEEDU MANATHALA CHAVAKKAD 2. THE ORIENTAL INSURANCE CO.LTD ROUND WEST, THRISSUR 3. ACHUMMA, W/O HAMSA PUTHENVEEDU MANATHALA, CHAVAKKAD P.O. 4. VAHITHA, D/O HAMSA PUTHENVEETTIL VEEDU MANATHALA, CHAVAKKAD P.O. 5. SHARIN, D/O HAMSA PUTHENVEETTIL VEEDU MANATHALA, CHAVAKKAD P.O. ADV. SRI.M.A.KHADIRKUNJU FOR R3TO5 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R2 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.F.A.No. 856 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.629/1990 on the file of Motor Accidents Claims Tribunal, Thrissur. In this appeal, she challenges the judgment and award of the Tribunal dated March 1, 2000 awarding a compensation of Rs.24,500/- for the loss caused to her on account of the injuries sustained by her in a motor accident. He sustained the following injuries in that accident that occurred on June 20,1989 at about 6 p.m. : Fracture to ribs of right side and grade I compound fracture to both bones of right leg. 2. The accident happened while the claimant was walking along the western side of Ponnani-Chavakkad public road, she was knocked down by the motor cycle bearing Reg.No.KEH 2354 driven by the second respondent. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,50,000/-. MFA.No.856/2000 2 3. Respondent No.2 in the O.P., the driver of the offending motor cycle remained absent before the Tribunal. The first respondent in the O.P., the owner of the offending motor cycle filed a written statement admitting the accident, but denied the liability. First respondent in the O.P. died during the pendency of the O.P. and his legal heirs were impleaded as respondents 4 to 6 in the O.P.. Respondent No.5 remained absent before the Tribunal. Respondents 4 and 6 filed a joint written statement admitting the accident, but attributed negligence to the claimant. The third respondent, the alleged insurer of the offending motor cycle filed a written statement denying the policy. 4. Pws 1 and 2 were examined and Exts.A1 to A8 were marked on the side of the claimant before the Tribunal. Ext.B2 was marked by the contesting third respondent. On the side of the contesting respondents 4 and 6, Ext.B1 series were marked. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent riding of the offending motor cycle by second respondent and awarded a compensation of MFA.No.856/2000 3 Rs. 24,500/- with interest @ 10% per annum from the date of petition till realisation against respondents 2 and 4 to 6 in the O.P. The third respondent Insurance Company was exonerated from liability as they denied the policy of the offending vehicle. 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 second respondent in the O.P. is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.24,500/-. The break up of the compensation amount awarded is as under: Pain and suffering - Rs. 10,000/- Loss of amenities - Rs. 8,000/- Loss of earnings - Rs. 1,500/- Disability - Rs. 5,000/- 8. Claimant is a lady aged 60. Taking into consideration the MFA.No.856/2000 4 age of the claimant, the nature of the injury sustained by her and the period of treatment she 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 enhanced compensation. In the result, the appeal fails and it is accordingly dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MFA.No.856/2000 5