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 19TH MAY 2010 / 29TH VAISAKHA 1932 MACA.No. 431 of 2010() --------------------------------- OPMV.109/2008 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): PETITIONER ------------------------ THELAPURATH BABURAJAN ALIAS BABURAJ, S/O.THUPRAN, AGED 36 YEARS, MUNDIYANMADU HOUSE, THAZHECHELARI, P.O.VELIMUKKU, MALAPPURAM-676317. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): RESPONDENTS -------------------------- 1. N.P.ABDUL KHADER, S/O.SAINUDHEEN, NEEROLI PARAMBIL HOUSE, ALAMCODE, CHANGARAMKULAM, MALAPPURAM-679585. 2. M.MOHAMMED, S/O.MUMMU, MULLASSERI HOUSE,THIRUMITTCODE AMSOM, P.O.ARAMGOTTUKARA, CHANGARAMKULAM, PALAKKAD DISTRICT-679533. 3. M/S.ICICI LOMBARD GENERAL INSURANCE CO.LTD., KOZHIKODE, PIN-673001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= M.A.C.A. No. 431 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~==~=~=~= Dated this the 19th day of May, 2010 JUDGMENT Barkath Ali, J: In this appeal under section 173 of the Motor Vehicles Act claimant in O.P.(MV) No.109 of 2010 of the Motor Accidents Claims Tribunal, Tirur challenges the judgment and award of the Tribunal dated October 29, 2009 awarding a compensation of Rs.2,29,075/- for the loss caused to the claimant, on account of the injury sustained by him in a motor accident. 2. The facts leading to this appeal, in brief, are these:- The claimant was aged 36 at the time of the accident and used to earn Rs.200/- per day as a Mason, according to him. On September 1, 2007 at about 9.15 p.m. the claimant was traveling in an auto-rickshaw bearing registration No.KL-55/963 along Kozhikodoe – Thrissur National Highway and when he reached at Panambra Junction in Tenhipalam, a goods carriage MACA 431/2010 2 vehicle bearing registration No.KL-54 963 came at a high speed from the opposite side and dashed against the auto- rickshaw, in which the claimant was traveling. The claimant sustained serious injuries. According to the claimant, the accident occurred due to the rash and negligent driving of the offending goods carriage vehicle by the second respondent. The first respondent as the owner, the second respondent as the driver and third respondent as the insurer of the offending vehicle are jointly and severely liable to pay the compensation to the claimant. The claimant claimed compensation of Rs.4,14,000/- 3. Respondents 1 and 2, owner and driver of the offending goods carriage vehicle, remained absent before the Tribunal. The third respondent, insurer of the offending vehicle, filed a written statement, admitting the policy. 4. Exts. A1 to A21 and Ext.C1 were marked on the side of the claimant. The third respondent, insurer of the offending vehicle, examined one of the officers as RW1. The Tribunal, on an appreciation of the evidence, awarded a compensation of MACA 431/2010 3 Rs.2,29,075/- with interest at the rate of 7.5% p.a. from the date of petition till realization. The claimant has come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the appellant. No notice was issued to respondents in this appeal, who are the driver, owner and insurer of the offending vehicle, as on going through the impugned judgment and award of the Tribunal, we felt that even without notice to respondents this appeal can be disposed of. 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, driver of the offending vehicle, 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. 7. The claimant sustained fracture both bones ulnar radius (right), fracture metacarpal bone 4th (right) and fracture olecramon process, as seen from Ext.A2 copy of the wound MACA 431/2010 4 certificate issued from the hospital. Ext.A21 series of photographs were produced to show the disfigurement caused to his right hand. 8. The Tribunal awarded a total compensation of Rs.2,29,075/-. Break up of the compensation awarded is as under:- Transportation charges : Rs.5,000/- Damage to clothing : Rs.300/- Extra nourishment : Rs.3,000/- By-stander’s expenses : Rs.7,650/- Pain and suffering : Rs.20,000/- Loss of earning : Rs.18,000/- for six months. Medical bills : Rs.8,123/- Disfiguration : Rs.5,000/- Compensation towards disability : Rs.1,62,000/- ------------------ Total : Rs.2.29,073/- Rounded to : Rs.2,29,075/- ======= 9. The learned counsel for the claimant sought enhancement of compensation awarded under disability caused, disfigurement caused and for pain and suffering. The Tribunal took monthly income of the claimant as Rs.3,000/-, took permanent disability as 30%, as shown in Ext.C1 MACA 431/2010 5 certificate of Medical Board, adopted a multiplier of 15 and awarded a compensation of Rs.1,62,000/- for the disability caused. The Tribunal awarded Rs.20,00/- for pain and suffering and Rs.5,000/- for disfiguration. 10. Having regard to the nature of the injuries sustained and the period of treatment undergone by the claimant, we feel that the compensation awarded under various head is just and reasonable and therefore, we are not disturbing the same. Therefore, we hold that the claimant is not entitled to any enhanced compensation. That being so, the appeal has to be dismissed. 11. In the result, we find that the appeal is devoid of any merit and the same is hereby dismissed. The parties shall suffer their own costs. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn