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 4TH MARCH 2010 / 13TH PHALGUNA 1931 MACA.No. 320 of 2007() ---------------------- OPMV.161/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONERS: ------------------------------- 1. A. RAJAMMA, 43 YEARS (DIED). K. SUKUMARAN NAIR, 58 YEARS, S/O.KRISHNA PILLAI, KUNNUMPURATH, VALIYAACHAL, P.O.KANKOL, KANNUR DISTRICT. 2. PRAVEEN KUMAR, 31 YEARS, S/O.LATE RAJAMMA, KUNNUMPURATH, VALIYACHAL, P.O. KANKOL, KANNUR DISTRICT. 3. PRAJIL KUMAR, S/O.LATE RAJAMMA, KUNNUMPURATH, VALIYACHAL, P.O.KANKOL, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS/RESPONDENTS: --------------- 1. CHANDROTH ABDULLA, 55 YEARS, S/O.MAMMED, KOLACHERRY AMSOM, DESOM, KAMBIL. 2. C.K. THITHRAN, S/O.T.V.KUMARAN, EDATHILKAVIL HOUSE, KAYOOR, CHERUVATHUR. 3. UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, PAYYANNUR, KANNUR DISTRICT. MACA.No. 320 of 2007 -2- 4. CHACKO K.M., 50 YEARS, S/O.MATHEW, KARAMBAYIL HOUSE, CHITTARICKAL, KOLLAD, P.O.KAMBALLUR. 5. T.J. JOSEPH, S/O.JOSEPH, THANGUMPATHIL HOUSE, KANNIVAYAL, KASARGOD. 6. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, PAYYANNUR. 7. NATIONAL INSURANCE CO.LTD., PAYYANNUR BRANCH, PAYYANNUR. ADV. SRI.SREEPRAKASH K.NAIR FOR R4,R5 SRI.JOHN JOSEPH VETTIKAD FOR R3 SRI.JOE KALLIATH FOR R7 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q. BARKATH ALI, JJ. ------------------------- M.A.C.A No.320 of 2007 -------------------------- Dated this the 4th March, 2010 J U D G M E N T Barkath Ali,J. In this appeal under Section 173 of Motor Vehicles Act the claimants in O.P. (MV) No.161/2001 of the Motor Accidents Claims Tribunal, Thalassery the judgment and award of the Tribunal dated September 1, 2006 awarding a compensation of Rs.10,300/- for the loss caused to the deceased 1st claimant on account of the injuries sustained by her in a motor accident is challenged by the legal heirs of the deceased first claimant. 2. The facts leading to this appeal in brief are these: On March 21, 2000 at about 4 p.m. the deceased 1st claimant was travelling in a Jeep bearing Reg. No.KL- 14/A 4136 from Parassinikkadavu to Kannur. When the jeep reached near Kottakkunnu, a lorry bearing Reg. No.KLZ 9725 came from the back side and hit against the rear side of the jeep. Deceased 1st claimant sustained serious injuries. According to the claimants, the accident occurred to rash and negligent driving of the offending lorry by the 1st respondent. First respondent as the M.A.C.A No.320 of 2007 2 driver, 2nd respondent as the owner and 3rd respondent, insurer of the offending lorry are jointly and severally liable to pay compensation to the deceased 1st claimant. 3. Respondents 4 to 6 are the driver, owner and insurer of the jeep. The deceased 1st claimant claimed a compensation of Rs.1,05,000/-. During the pendency of the petition before the Tribunal, the 1st claimant died. Her husband and two sons are impleaded as supplemental petitioners 2 to 4. 4. PW1 was examined and Exts.A1 to A3 were marked on the side of the claimants.. Exts.B1 and B2 were marked on the side of the respondents. On an appreciation of evidence the Tribunal awarded a compensation of Rs.10,300/-. Claimants 2 to 4 have come up in appeal challenging the quantum of compensation awarded by the Tribunal. The deceased 1st claimant sustained the following injuries. i. Lacerated wound chin 3 cms bone deep. ii. Abrasion on both knees. iii. Tooth from the lower row mobile and extracted. 5. Ext. A2 is the copy of the wound certificate. She was admitted on 21.3.2000 and and was discharged on M.A.C.A No.320 of 2007 3 29.3.2000. The deceased 1st claimant died on December 25, 2005 i.e five years after the accident. The appellant would content that due to the injury sustained in the accident, she was admitted in the Medical College Hospital, Pariyaram and was undergoing treatment till her death. But no document was produced by the claimants to prove the same. 6. The deceased 1st claimant was aged 43 at the time of the accident. The Tribunal took her monthly income as Rs.1,500/- as there was no document to prove her occupation. The Tribunal awarded a compensation of Rs.10,300/-. The break up of the award amount is as under: Loss of earning - Rs.1,500 Transportation expense - 250 Medical expenses - 2,150 Bystanders expense - 900 Extra nourishment - 500 Pain and sufferings - 2,000 Loss of one tooth - 3,000 --------------------------- 10,300 ============ 7. The counsel for the appellants/claimants argued that the claimants produced bills amounting to Rs.14,911/- and that the Tribunal awarded only Rs.2150/- towards M.A.C.A No.320 of 2007 4 medical expenses, which is very low. He has also claimed enhancement of compensation towards pain and sufferings, loss of earnings etc. The Tribunal found that the bills relating the period from 21.3.2000 to 29.3.2000 covers only Rs.2,194/- and awarded compensation of Rs.2150/-. The Tribunal rejected all the other medical bills relating to subsequent period. We find no special reason to come to a different conclusion. That apart taking into consideration the nature of the injuries sustained and the period of treatment the deceased 1st claimant has undergone, we feel that compensation awarded by the Tribunal is just and reasonable. Therefore, we find no merit in this appeal and the same has to be dismissed. In the circumstances, parties will have to bear their own costs. In the result, the appeal is dismissed. No costs. A.K.BASHEER,JUDGE P.Q. BARKATH ALI, JUDGE ma M.A.C.A No.320 of 2007 5 M.A.C.A No.320 of 2007 6