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 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 MACA.No. 1577 of 2010() ----------------------- OPMV.225/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): PETITIONER ------------------------ PRINCE P.M., S/O.MATHEW, PADINJAREVILA VEEDU, NEAR LMS L.P.SCHOOL, VAYACKAL CHERRY, EDAMULAKKAL VILLAGE. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): RESPONDENTS -------------------------- 1. RADHAKRISHNAN @ RADHAKRISHNA PILLAI, S/O.NARAYANA PILLAI, SREEKRISHNA SADANAM, THURUTHIKKARA P.O., KUNNATHOOR EAST (VIA), KOLLAM DISTRICT. 2. REV.FR.THOMAS KOILA, (PRIEST), S/O.K.G.THOMAS, ARCH BISHOP'S HOUSE, PATTOM, THIRUVANANTHAPURAM. 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, PUNALUR, KOLLAM DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1577 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of September, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.225/2005 on the file of Motor Accidents Claims Tribunal, Kollam. He sustained the following injuries in a motor accident that occurred on October 27, 2004 at about 5.15 p.m. Abrasion on right little finger, tenderness on right knee, type iv fracture on the right tibial condyle. 2. The accident happened while the claimant was pillion riding on the motor cycle bearing Reg.No.KL/01/U 6331 ridden by the first respondent and reached near the Ocean Master Textiles at Killikollur, he fell down and sustained injuries. Alleging negligence against the first respondent, the rider of the motor cycle, he filed the O.P. before the Tribunal claiming a compensation of Rs. 3,00,000/-. 3. Respondents 1 and 2, the rider and the owner of the offending motor cycle remained absent and were set ex parte by the Tribunal. The third respondent, the insurer of the offending motor MACA.No.1577/2010 2 cycle filed a written statement admitting the policy. 4. Exts.A1 to A14 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent before the Tribunal. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence of the first respondent and awarded a compensation of Rs. 1,22,258/- 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 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 break up of the compensation awarded is as under : Loss of earnings - Rs. 37,134/- Medical and miscellaneous MACA.No.1577/2010 3 expenses - Rs. 37,124/- Bystander expenses - Rs. 3,500/- Transportation exp. - Rs. 1,000/- Extra nourishment - Rs. 3,000/- Damage to clothing - Rs. 500/- Pain and suffering - Rs. 20,000/- Loss of amenities and inconveniences etc. - Rs. 20,000/- 8. Counsel for the claimant sought enhancement of compensation on all heads. 9. Taking into consideration the nature of the injuries sustained by the claimant and the period of treatment he has undergone and the fact that Rs. 20,000/- was awarded for loss of amenities and enjoyment in life, even though no amount was claimed in the petition, 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.1577/2010 4 MACA.No.1577/2010 5