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 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 MACA.No. 1654 of 2010() ----------------------- OPMV.1547/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): PETITIONER ------------------------ P.V.AJAYAN, AGED 26 YEARS, S/O.PUTHIYA VEETTIL KANNA, NEAR R.K.MILL, MAVICHERRY, P.O.PEYYANNUR, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): RESPONDENT NO.3 ------------------------------ THE BRANCH MANAGER, ORIENTAL INSURANCE CO.LTD., TALIPARAMBA P.O., KANNUR DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1654 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of September, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1547/2003 on the file of Motor Accidents Claims Tribunal, Thalassery. He sustained fracture of shaft right femur in a motor accident that occurred on August 15, 2003. The accident happened while the claimant was pillion riding on a motor bike and reached in front of Payyannur College, he was knocked down by a tempo van bearing Reg.No.KL-14/A 3263 driven by the second respondent. Alleging negligence against the second 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/-. 2. Respondents 1 and 2, the owner and the driver of the offending tempo van though entered appearance did not file any written statement. The third respondent, the insurer of the offending tempo van filed a written statement admitting the policy. 3. Exts.A1 to A9 and Ext.X1 were marked on the side of the MACA.No.1654/2010 2 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 tempo van by second respondent and awarded a compensation of Rs. 89,450/- with interest @ 7.5% per annum from the date of petition till realisation and a cost of Rs. 1,000/-. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 4. Heard the counsel for the appellant/claimant. On going through the judgment of the Tribunal, we felt that even without issuing notice to the respondents, this appeal can be disposed of. Hence no notice was issued to the respondents. 5. The only question which arises for consideration is whether the compensation awarded by the Tribunal is just and reasonable. 6. The break up of the compensation awarded is as under : Loss of earning - Rs. 5,000/- Medical expenses - Rs.35,500/- Bystander expenses - Rs. 2,700/- Transportation exp. - Rs. 1,000/- Extra nourishment - Rs. 2,000/- Pain and suffering - Rs.19,000/- Disability income - Rs.19,200/- Review treatment - Rs. 2,000/- Any other heads(loss MACA.No.1654/2010 3 on account of loss of one academic year) - Rs. 3,000/- 7. Counsel for the claimant sought enhancement of compensation for the disability caused. 8. The Tribunal took the monthly income of the claimant as Rs. 2500/- , took his disability as 4% , adopted a multiplier of 16 and awarded Rs. 19,200/- for the disability caused. Claimant was aged 19 at the time of the accident. In Ext.X1, the Medical Board has certified his disability as 8%. But the Tribunal took the percentage of disability as 4% which appears to be reasonable. 9. Taking into consideration the nature of the injury sustained and the period of treatment the claimant has undergone and the nature of the disabilities sustained by him, 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. That being so, the appeal has to be dismissed. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1654/2010 4 MACA.No.1654/2010 5