IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 MACA.No. 2094 of 2008(G) ----------------------- OPMV.756/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/2ND RESPONDENT IN OPMV ---------------------------------------------- KURIAN P.S., AGED 50, S/O SEBASTIAN, PULLUKALAYIL HOUSE, THELLAKOM P.O., KOTTYAM TALUK. BY ADV. SRI.C.S.MANILAL SRI.M.K.SUBHAKARAN RESPONDENT(S)/CLAIMANT & RESPONDENT NO.1 IN OP(MV): ----------------------------------------------------------------------- 1. MATHEW K. AGED 35, S/O MATHAI CHACKO, PADINJARE KALLUNGAL HOUSE, THELLAKOM P.O., KOTTAYAM. 2. MATHEW C. CHACKO, S/O C. CHACKO, AYKARAMALIL HOUSE, MARIATHURUTHU P.O., KOTTAYAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2094 OF 2008 = = = = = = = = = = = = = = = Dated this the 30th day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)756/05. The claimant, while travelling as a pillion rider sustained injuries in a road accident and the Tribunal awarded Rs.20,700/- and directed the 2nd respondent to make the payment. It is against that decision the owner has come up in appeal. Learned counsel for the appellant strongly contends before me that the Tribunal did not take into consideration the amount paid towards medical expenses by the owner to the person and it is specifically referred to in entries in Exts.B2, B3, B4, B5 and B6. It comes to a total amount of Rs.31,026/-. It has to be stated that this court cannot entertain such an argument at this stage for the reason that there is absolutely no pleading in the written statement of the appellant regarding any expenses incurred by him towards the treatment expenses of the claimant. The M.A.C.A. 2094 OF 2008 -:2:- case of the owner is of a total denial of the accident and involvement of his bike. He would further contend that the bike was in the workshop on the relevant point of time. It has also to be understood that when PW1 was in the box not even a solitary question was put to him with respect to the spending of the amount towards medical expenses. So in the absence of any pleading coupled with the non questioning of claimant on that it cannot be correct on the part of the appellate court to travel beyond the pleading to consider the case of the appellant. Therefore the said contention is rejected. So far as the factum of accident is concerned the medical records and other documents available reveal that the claimant had sustained injuries while he was travelling as a pillion rider in the bike owned by the 2nd respondent. I also found from the award that the Tribunal has been extremely cautious and reasonable in awarding the compensation. It has awarded Rs.10,000/- towards medical expenses though the bill is of Rs.11,324/-, towards loss of earnings it has granted an amount of M.A.C.A. 2094 OF 2008 -:3:- Rs.3,000/- and another Rs.6,000/- has been granted towards pain and sufferings. The injury sustained by the claimant is a traumatic haemarthrosis right hand, type III medial leg injury right knee and multiple abrasions over both legs. Haemarthrosis is the presence of blood in a joint cavity, occurring either spontaneously or as a result of injury. It will have its own repercussions in the problem of the person. So I feel this is a fit case where the Tribunal has been very cautious in awarding just and reasonable compensation which does not call for any interference. Therefore the appeal lacks merit and the same is dismissed and I grant four months time from today to the appellant herein to deposit the amount. The claimant is precluded from taking coercive steps for reimbursement of the amount for the said period of four months. M.N. KRISHNAN, JUDGE. ul/-