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 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 MACA.No. 2395 of 2010() ----------------------- OPMV.803/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER ------------------------ KUNHUMOIDEEN, S/O.KUTTIMUHAMMED, KATTEKKADAN HOUSE, THIRUVALI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT/3rd RESPONDENT ----------------- THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, VARIKODAN BUILDINGS, MANJERI, MALAPPURAM DISTRICT, REPRESENTED BY ITS BRANCH MANAGER. (RESPONDENTS 1 AND 2 ARE NOT MADE PARTIES AS THE APPELLANT IS NOT CLAIMING ANY RELIEFS AS AGAINST THEM). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2395 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of December, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.803/2000 on the file of Motor Accidents Claims Tribunal, Manjeri In this appeal, he challenges the judgment and award of the Tribunal dated December 13, 2004 awarding a compensation of Rs.54,264/- for the loss caused to him on account of the injuries sustained by him in a motor accident that occurred on March 27, 1999 at about 3.15 p.m. 2. The accident happened while the claimant was travelling in an authorickshaw from Thiruvali to Manjeri, it dashed against another autorickshaw which came from the opposite direction and driven by first respondent. Alleging negligence against the first 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/-. 3. Respondents 1 and 2, the driver and the owner of the offending autorickshaw remained absent before the Tribunal. The third MACA.No.2395/2010 2 respondent, the insurer of the offending autorickshaw filed a written statement admitting the policy. 4. PWs 1 and 2 were examined and Exts.A1 to A9 series and Ext.X1 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 first respondent and awarded a compensation of Rs. 54,264/- with interest @ 6% per annum from the date of petition till realisation and a cost of Rs.900/-. 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. On going through the award of the Tribunal, we felt that this appeal can be disposed of even without issuing notice to the respondents. Hence no notice was issued to the respondents. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the first MACA.No.2395/2010 3 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.54,264/-. The break up of the compensation awarded by the Tribunal is as under : Transport to hospital - Rs. 500/- Extra nourishment and bystander expenses - Rs. 2,400/- Medical expenses - Rs. 22,864/- Pain and suffering - Rs. 15,000/- Disability - Rs. 13,500/- 8. Taking into consideration the nature of the injuries sustained 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 is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.2395/2010 4 MACA.No.2395/2010 5