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 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 MACA.No. 1377 of 2010() ----------------------- OPMV.1012/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER ------------------------ DILEEP T.L., AGED 24 YEARS, S/O.SRI.T.K.LALAN, THOTTATHIL HOUSE, BLOCK OFFICE ROAD, MARADU P.O., MARADU VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER SMT.BEENA DEVASSY RESPONDENT(S): RESPONDENTS -------------------------- 1. T.B.SANTHOSH, S/O.T.N.BALAKRISHNAN, PAREPARAMBIL HOUSE, MARADU P.O., PIN-682304. 2. N.P.MANIKKUTTAN, S/O.NANAPPAN, KATTATHARA HOUSE, NEAR T.V.JUNCTION, MARADU P.O., MARADU VILLAGE, PIN 682304. 3. UNITED INDIA INSURANCE COMPANY LIMITED, JOY'S BUILDING, M.G.ROAD, COCHIN-682035. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1377 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of September, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1012/2005 on the file of Motor Accidents Claims Tribunal, Ernakulam. He sustained the following injuries in a motor accident that occurred on February 2, 2005 at about 8.45 p.m.: 1. Lacerated wound right tempero-parietal scalp 2. Large extradural haematoma with mass effect and midline shift. 3. Fracture of right temporal and frontal bones. 4. Contusion ( L) frontal region of brain. 5. Brain oedema. 2. The accident happened while the claimant was riding his motor cycle along Maradu-Kundannoor road, another motor cycle ridden by the second respondent dashed against it. 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. 8,00,000/-. 3. Respondents 1 and 2, the owner and the rider of the MACA.No.1377/2010 2 offending motor cycle remained absent before the Tribunal. The third respondent, the insurer of the offending motor cycle filed a written statement admitting the policy and further contended that the accident occurred due to the negligence of the claimant. 4. This O.P. was jointly tried along with another O.P. filed by the pillion rider of the offending motor cycle and a common award was passed by the Tribunal. PW1 was examined and Exts.A1 to A17 were marked on the side of the claimant before the Tribunal. The disability certificate issued by the Medical Board was marked as Ext.X1. 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 riding of the offending motor cycle by second respondent and awarded a compensation of Rs. 4,95,200/- with interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant/claimant. On going MACA.No.1377/2010 3 through the judgment of the Tribunal, we felt that even without issuing notice to the respondents, the appeal can be disposed of. Therefore, no notice was issued to respondents. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the second 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 break up of the compensation awarded is as under : Loss of earnings - Rs. 15,000/- Extra nourishment - Rs. 3,000/- Transportation - Rs. 2,000/- Attendant expenses - Rs. 4,500/- Damage to clothing - Rs. 500/- Treatment expenses - Rs. 2,50,000/- Pain and suffering - Rs. 40,000/- Loss of amen and enjoyment in life - Rs. 25,000/- Disability - Rs. 1,15,200/- Marriage prospects - Rs. 30,000/- Future treatment exp. - Rs. 10,000/- 8. The claimant has suffered a head injury. He has now a permanent disability of 20% as seen from Ext.X1, the certificate of disability. He has now memory impairment, occasional impairment of MACA.No.1377/2010 4 equilibrium and skull defect. The claimant was aged 19 at the time of accident. He has passed the diploma course in Cookery as evidenced by Exts.A11 and A12. The Tribunal took his monthly income as Rs.3,000/-. 9. Taking into consideration the nature of the injuries sustained and the period of treatment the claimant has undergone and the fact that he was a professional cook aged 19, we feel that the compensation awarded by the Tribunal is just and reasonable. Therefore, the claimant is found not entitled to any enhanced compensation. That being so, we find no merit in this appeal and the same has to be dismissed. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.1377/2010 5 MACA.No.1377/2010 6 MACA.No.1377/2010 7