IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 MACA.No. 570 of 2010() ----------------------------------- OPMV.665/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): PETITIONER ------------------------ ABDUL RAZAK.K, AGED 38 YEARS, S/O. KUNHUMOHAMMED ALIA KUNHIMMAMMADU, KARAT HOUSE, P.O, MAMPURAM, VETTATH PEEDIKA, TIRURANGADI - 676 306. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): RESPONDENTS -------------------------- 1. V. ASHRAF, S/O. SOOPY, VALIYA VALAPPIL HOUSE. P.O. MAMPURAM, PIN - 676 306. 2. THERUVATH PRAMOD, D/O. THEYAN, THERUVATH HOUSE, P.O.A.R NAGAR, KOLAPPURAM SOUTH, MACHINGAL - 676 305. 3. M/S. ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, SABKA BUILDING, THZHEPALAM, TIRUR - 676 101. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss A.K.BASHEER & P.Q. BARKATH ALI, JJ. =-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-= M.A.C.A. No. 570 of 2010 =-=-=-=-=-=-=-=-=-=-=-=-=-=-==-=-=-= Dated this the 22nd day of March, 2010 JUDGMENT Barkath Ali, J: In this appeal under section 173 of the Motor Vehicles Act claimant in O.P.(MV) No.665 of 2007 of the Motor Accidents Claims Tribunal,Tirur challenges the judgment and award of the Tribunal dated November 21, 2009, awarding a compensation of Rs.1,46,640/- 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:- Claimant who was aged 38 at the time of the accident was employed as a Salesman-cum-driver in Gulf and used to earn Rs.40,000/- per month, according to him. On May 11, 2007 at about 9. 30 a.m. while he was riding his motor cycle bearing registration No.KL-10 W 3631 along with his son MACA 570/2010 2 from Vettath Peedika to V.K. Padi and reached at Pathinarungal Junction a tipper lorry bearing registration No.KL-55A 1973, driven by the second respondent, came from a pocket road and dashed against the motor cycle of the claimant. The claimant sustained very serious injuries. According to the claimant, the accident occurred due to a rash and negligent driving of the offending lorry by the second respondent. The first respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending lorry are jointly and severely liable to pay the compensation to the claimant. 3. The first respondent, owner of the offending lorry filed written statement, admitting the accident, but contended that the accident occurred due to the rash and negligent riding of the motor cycle by the claimant. The second respondent, driver of the offending lorry, remained absent and was set ex parte by the Tribunal. The third respondent Insurance Company filed a written statement, admitting the policy. MACA 570/2010 3 4. Exts. A1 to A26 were marked on the side of the claimant. No evidence was adduced by the contesting third respondent. The Tribunal, on an appreciation of the evidence, awarded a compensation of Rs.1,46,640/- with interest at the rate of 7.5% p.a. from the date of petition till realization and cost. The claimant has come up in appeal, challenging the quantum of compensation awarded by the Tribunal. 5. Heard the learned counsel for the appellant/claimant. In the light of the order that is sought to be passed, notice to the respondents is dispensed with. 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 lorry, is not challenged in this appeal. Therefore, the only question for consideration is whether the claimant is entitled to any enhanced compensation? 7. The claimant sustained the following injuries as revealed from Ext.A2 copy of the accident register-cum- MACA 570/2010 4 wound certificate:- 1) Lacerated wound 6 x 1 cm. over the right eyebrow. 2) Swelling and tenderness over right shoulder . 3) Superficial abrasions on right ankle lateral aspect. Ext.A4 is the discharge summary. This would show that the petitioner was hospitalized on 11-5-2007 and discharged on 15-5-2007. 8. The Tribunal awarded a total compensation of Rs.1,46,640/-. The break up of the compensation awarded is as under:- Transportation : Rs.4,000/- Damage to clothing : Rs.300/- Extra nourishment : Rs.1,000/- By-stander’s expenses : Rs.750/- Medical bills : Rs.27,906/- Pain and suffering : Rs.15,000/- Loss of earning : Rs.12,000/- Permanent disability : Rs.85,680/- ----------------- Total : Rs.1,46,636/- Rounded to : Rs.1,46,640/- ======== 9. The learned counsel for the appellant has mainly MACA 570/2010 5 sought enhancement of compensation awarded under disability caused. The Tribunal took monthly income of the claimant as Rs.3,000/-. Having regard to the facts that the claimant was aged 40, the Tribunal adopted a multiplier of 14 and took disability as 17%. The learned counsel for the appellant argued that the claimant was employed in Gulf and used to earn Rs.40,000/- per month and therefore, the Tribunal ought to have taken the income of the claimant as Rs.40,000/- per month. There is no substance in the above contention. No document is produced to show that the claimant was employed abroad and used to earn Rs.40,000/- per month. Therefore, the Tribunal is perfectly justified in fixing his monthly income as Rs.3,000/- and awarding a compensation of Rs.85,680/- for the disability caused. 10. On going through the award of the Tribunal, we find that the compensation awarded under other heads is just and reasonable. Therefore, we are not disturbing the same. Thus, the claimant is not entitled to any enhancement of compensation. MACA 570/2010 6 11. In the result, the appeal fails and the same stands dismissed. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn