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 18TH MAY 2010 / 28TH VAISAKHA 1932 MACA.No. 731 of 2010() ---------------------- OPMV.2012/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): CLAIMANT ---------------------- JAMALUDHEEN.T.C, S/O.ABOOBACKER, AGED 32, THARAMMAL CHAMAYIL, P.O.KARUVANTHIRUTHI, KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENTS -------------------------- 1. VINOD K.P., S/O.BHARATHAN, SUB INSPECTOR, CISF APSU, GOP. THIRUVANANTHAPURAM. 2. NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE: NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 731 of 2010 ------------------------------------------------------ Dated: MAY 18, 2010 JUDGMENT Barkath Ali, J. In this appeal under sec.173 of the Motor Vehicles Act the claimant in OP(MV) 2012/2005 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode, challenges the judgment and award of the Tribunal dated September 25, 2009 awarding a compensation of Rs.47,005/- for the loss caused to the claimant on account of the injuries sustained by him in a motor accident. 2. The facts leading to this appeal in brief are these: On January 31, 2005 at about 1.30 p.m. the claimant was riding his motorcycle bearing registration No.KL-11/U-638 from Karuvanthiruthi to Kondotty and when he reached at Kondotty another motorcycle bearing registration No.KL/01-Y 7412 came at a high speed from the opposite direction and dashed against the motorcycle of the claimant. The claimant sustained serious injuries. According to the claimant the accident occurred due to the rash and negligent riding of the offending motorcycle bearing registration No. KL/01-Y 7412 by the 1st respondent. The 1st respondent as the owner-cum-rider and the 2nd respondent as the insurer of the offending motorcycle are jointly and severally liable to pay compensation to the claimant. The claimant M.A.C.A. 731 of 2010 2 claimed a compensation of Rs.2,00,000/-. 3. Respondent No. 1, the owner-cum-rider of the offending motorcycle remained absent and was set ex parte by the Tribunal. The 2nd respondent, insurer of the offending motorcycle, filed a written statement admitting the policy. 4. Exts.A1 to A5 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting 2nd respondent. On an appreciation of evidence the Tribunal awarded a compensation of Rs.47,005/- with interest at 7% per annum from the date of petition till realisation. 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 1st respondent, rider of the motorcycle bearing registration No. KL/01-Y 7412 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 claimant sustained comminuted fracture both bones M.A.C.A. 731 of 2010 3 right leg and multiple injuries all over the body as revealed from Ext.A2, copy of the wound certificate, issued from Baby Memorial Hospital, Kozhikode. Ext.A3 is the discharge summary. He was admitted on January 31, 2005 and was discharged on February 5, 2005. The Tribunal awarded a total compensation of Rs.47,005/-. The break up of the compensation awarded is as under:- transport to hospital - Rs.500/- damage to clothing - 250/- loss of earning - 3,500/- bystander's expenses - 1,500/- treatment expenses - 18,755/- pain and suffering - 20,000/- loss of amenities - 2,500/- 8. Counsel for the claimant sought enhancement of the compensation for the pain and suffering, loss of amenities etc. Counsel for the appellant pointed out that no compensation was awarded for the disability caused. There is no force in the above contentions. No document is produced by the claimant to prove that he has suffered any disability due to the injuries sustained in the accident. Taking into consideration the nature of the injuries sustained and the period of treatment the applicant has undergone and in the circumstances of the case, we feel that the compensation M.A.C.A. 731 of 2010 4 awarded by the Tribunal is reasonable and that the claimant is not entitled for enhancement of compensation. It follows that the appeal has to be dismissed. In the result the appeal is dismissed. The parties shall bear their own costs. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-