IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 MACA.No. 1510 of 2007() ----------------------- OPMV.527/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... : APPELLANT/CLAIMANT -------------------------------- CHINNAMMA FRANCIS, 56 YEARS, W/O.FRANCIS, KATTUKUDIYIL HOUSE, MUVATTUPUZHA. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): RESPONDENTS -------------------------- 1. DILBAG SINGH, S/O.BHRURAM, CHATTOR, JIND DISTRICT, HARIYANA STATE. 2. SUBASH, S/O.AMARNATH, P.O.CHATTOR, JIND DISTRICT, HARIYANA STATE 3. THE ORIENTAL INSURANCE CO.LTD., SOBHA T.S.M.COMPLEX, RAILWAY STATION ROAD, PALAKKAD. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1510 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of March, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.527/2005 of Motor Accidents Claims Tribunal, Ottapalam challenges the judgment and award of the Tribunal awarding a compensation of Rs. 22,083/- with cost of Rs. 1000/- and interest @ 6% per annum from the date of petition till realisation for the loss caused to her on account of the injuries sustained in a motor accident. 2. The facts leading to this appeal in brief are these : The claimant is a lady aged 54. On January 22, 2005, she along with others were travelling in a car bearing Reg.No.KL-H 8632 from Ernakulam -Trichur. At about 2.45 p.m. when the car reached at Kodakara, a lorry bearing Reg.No.HR-56A/0582 driven by the first respondent came from the opposite direction and dashed against the car in which the claimant was travelling. The claimant and other passengers in the car sustained severe injuries. According to the MACA.No.1510/2007 Page numbers claimant, accident occurred due to the rash and negligent driving of the offending lorry by first respondent. First respondent as the driver, second respondent as the owner and third respondent as the insurer of the offending lorry are jointly and severally liable to pay compensation to the claimant. . 3. Respondents 1 and 2, the driver and owner of the offending lorry filed a written statement contending that the accident occurred due to the negligence on the part of the driver of the car. The third respondent the insurer of the offending lorry filed a written statement admitting the policy, but contending that the driver, owner and insurer of the car are necessary parties to the proceedings. 4. This claim petition was jointly tried along with seven other claim petitions and a common award was passed. PWs 1 to 8 were examined and Exts.A1 to A57 were marked on the side of the claimants before the Tribunal. On the side of the first respondent, copy of the driving licence was marked as Ext.B1. On the side of the contesting third respondent, copy of the policy was marked as Ext.B2. The Tribunal on an appreciation of evidence awarded a compensation of Rs. 22,083/-.The claimant has now come up in appeal challenging the MACA.No.1510/2007 Page numbers 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 is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the first 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 lacerated wound on the right lateral eyebrow 4 x 1 cm., fracture of medial malleolus, bleeding from the nail etc. Ext.A2 is the copy of the wound certificate issued from Elite Mission Hospital, Koorkenchery. Ext.A5 is the discharge summary issued from the hospital which shows that she has also cerebral concussion, sprain in neck, mid inter hemosphere SDH. 8. The Tribunal awarded a total compensation of Rs. 22,083/-. The break up of the award amount is as under: Medical expenses - Rs. 10,333/- Bystanders expenses -Rs. 750/- Travelling expenses -Rs. 1,500/- Extra nourishment -Rs. 1,000/- Damage to clothes -Rs. 500/- MACA.No.1510/2007 Page numbers Pain and suffering and loss of amenities of life -Rs. 8,000/- ------------------ Rs. 22,083/- =========== 9. Counsel for the appellant/claimant argued that the compensation awarded by the Tribunal for pain and suffering endured and for the disability caused is very low and that the Tribunal did not take into account the fact that the claimant still have difficulty to perform her duties properly. 10. We find no merit in the above contention. Taking into consideration the nature of the injury sustained and the period of treatment the claimant has undergone, we feel that the compensation awarded by the Tribunal is just and reasonable. Therefore, we are not inclined to disturb the same. That being so, the appeal has to be dismissed. In the circumstances, parties shall bear their own cost. In the result, the Appeal is dismissed. No cost. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1510/2007 Page numbers