IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 MACA.No. 1730 of 2004 (D) ----------------------- ( OPMV.1043/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM) .................... APPELLANT/PETITIONER: ----------------------------------- V.GITISH KUMAR, VIRUTHIYIL HOUSE, VADAKARA, MANIMALA. BY ADV. SRI.RAJEEV V.KURUP RESPONDENTS/RESPONDENTS: -------------------------------------------- 1. THE TRUSTEE, ST.MARY'S CHURCH, MANARCADU, KOTTAYAM. 2. CHERIYAN KURIAKOSE @ SABU, THEKKEKUTTU HOUSE, VELLOOR KARA, PAMPADY. 3. THE ORIENTAL INSURANCE COMPANY LTD., KOTTAYAM. R1 BY ADV. SRI.GIKKU JACOB R3 BY SRI.M.JACOB MURICKAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK A.K.BASHEER & P.Q.BARKATH ALI, JJ. = = = = = = = = = = = MACA.No.1730 of 2004. = = = = = = = = = = = Dated this the 30th day of September, 2010. J U D G M E N T Barkath Ali, J. The appellant is the claimant in OP(MV)No.1043/1999 on the file of the Motor Accidents Claims Tribunal, Kottayam. He challenges the Judgment and Award of the Tribunal dated January, 27, 2004 awarding a compensation of Rs.96,000/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The accident happened while he was pillion riding on a scooter bearing registration No.KL-15/4049 along K.K.Road, Pampady on January, 16, 1999 at about 3.00 pm., he was knocked down by an Ambulance Van bearing registration No.KL-5/C 941 driven by the second respondent. He has filed the OP before the Tribunal claiming a compensation of Rs.5,00,000/- alleging MACA.No.1730/2004. 2 negligence against the 2nd respondent, the driver of the offending Ambulance Van. 3. Respondents 1 and 2, the owner and the driver of the offending Ambulance Van remained absent before the Tribunal. Respondent No.3, the insurer of the offending vehicle filed a written statement admitting the policy of the offending vehicle and further contended that there was also negligence on the part of the rider of the motor cycle. 4. Pws.1 and 2 were examined and Exts.A1 to A9 were marked on his side. No evidence was adduced by the contesting third respondent. On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence on the part of the 2nd respondent and awarded a total compensation of Rs.96,000/- with interest at the rate of 6% per annum from the date of petition till realisation and a cost of Rs.3,000/-. The claimant has now come up in appeal challenging the MACA.No.1730/2004. 3 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 was not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the 2nd 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 claimant sustained fracture of femur and both bones of right leg and metacarpals, dislocation of earpometacarpals and heard injury as evidenced by Ext.A3 copy of the wound certificate. In Ext.A5 certificate of disability shows that the claimant has suffered a disability of 39%. 8. The Tribunal awarded a total compensation of Rs.96,000/-. The break up of the compensation amount awarded is as under:- MACA.No.1730/2004. 4 Permanent disability : Rs.42,432/- Loss of earning power : Rs.15,000/- Loss of amenities : Rs. 5,000/- Pain and suffering : Rs.20,000/- Treatment expenses : Rs. 2,500/- Loss of earning : Rs. 8,500/- Bystander expense : Rs. 1,500/- Transportation charge : Rs. 1,000/- --------------------- Total : Rs.95,932/- (rounded to Rs.96,000/-) ---------------------- Counsel for the claimant sought enhancement of the compensation for the disability caused and on other heads. The Tribunal took the monthly income of the claimant as Rs.1,700/- and the percentage of disability as 13% and took the multiplier as 16 and awarded Rs.42,432/- for the permanent disability caused. Taking into consideration the nature of the injuries sustained and the period of treatment the claimant has undergone and the disability suffered by him now, ie., stiffness to his right knee, wrist and fingers with 1 inch shortening of his right leg, we feel that the compensation awarded by the Tribunal is just and reasonable. That being so the claimant is not entitled to MACA.No.1730/2004. 5 any enhanced compensation. Therefore, the appeal has to be dismissed. In the result, the appeal is dismissed. A.K.BASHEER, Judge. P.Q.BARKATH ALI, Judge. kvs/-