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 14TH FEBRUARY 2011 / 25TH MAGHA 1932 MACA.No. 195 of 2011() ---------------------- OPMV.440/2008 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT(S): CLAIMANT ---------------------- ATHUL P.P. (MINOR), S/O. ASHOKAN, MINOR, REPRESENTED BY NEXT FRIEND AND FATHER ASHOKAN, RESIDING AT PARAMBATH PARAMBIL HOUSE, NEAR KOTTAKKUNU PUMP HOUSE, P.O.IRINGAL-673 531, IRINGAL AMSOM DESOM, KOYILANDY TALUK. BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR RESPONDENT(S): RESPONDENTS -------------------------- 1. NARAYANAN K.M., RESIDING AT KARIPOLNILATH HOUSE, MOORAD, P.O.IRINGAL-673 521, KOYILANDY TALUK. 2. SABEESH, S/O. NARAYANAN, RESIDING AT -DO- -DO- 3. ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, NARAYANA NAGARAM P.O., VADAKARA-1, PIN-673 101. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.195 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.440/2008 on the file of Motor Accidents Claims Tribunal, Vatakara. In this appeal he challenges the judgment and award of the Tribunal dated September 23, 2010 awarding a compensation of Rs.1,54,620/- for the loss caused to him on account of the injuries sustained by him in a motor accident. He sustained the following injuries in that accident that occurred on February 23, 2008 at about 7.45.p.m. : Multiple comminuted fracture in the middle 1/3 left femur. 2. The accident happened while the claimant was travelling in an autorickshaw bearing Reg.No.KL-11-2165 driven by the second respondent. When he reached near Cheenum Veedu U.P.School, Puduppanam, the driver of the autorickshaw swerved the vehicle and it capsized. Alleging negligence against the second respondent, the MACA.No.195/2011 2 claimant who was aged only 13 at that time through his next friend father filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 5,00,000/-. 3. Respondents 1 and 2, the owner and the driver of the offending vehicle remained absent before the Tribunal. The third respondent, the insurer of the offending vehicle filed a written statement admitting the policy. 4. Exts.A1 to A17 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence found that the accident occurred due to the rash and negligent driving of the offending autorickshaw by second respondent and awarded a compensation of Rs. 1,54,620/- with interest @ 7.5% per annum from the date of petition till realisation and a cost of Rs.1500/-. 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 MACA.No.195/2011 3 that the accident occurred due to the negligence on the part of the second 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. 7. The Tribunal awarded a total compensation of Rs.1,54,620/-. The break up of the compensation amount awarded is as under: Medical expenses - Rs. Rs. 15,970/- Bystander expenses - Rs. 7,800/- Transportation - Rs. 5,100/- Extra nourishment - Rs. 2,500/- Damage to clothing - Rs. 250/- Pain and suffering - Rs. 15,000/- Reduction in earning capacity- Rs. 1,08,000/- 8. The counsel for the claimant sought enhancement of the compensation for the disability caused and on other heads. 9. The claimant was a boy aged 13 at the time of the accident. He claimed to be a student and a newspaper boy used to earn Rs.3,000/- per month. The Tribunal took his monthly income as Rs.1250/-, took his disability as 40% and adopted a multiplier of 18 and awarded Rs.1,08,000/- for the disability caused. 10. Taking into consideration the nature of the injury sustained MACA.No.195/2011 4 by the claimant and the period of treatment the claimant 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 hereby dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.195/2011 5