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 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 MACA.No. 2114 of 2010() ----------------------- OPMV.1648/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): PETITIONER ------------------------ P.V.KUNHIKANNAN NAMBIAR, S/O.NARAYANAN NAMBIAR, AGED 65 YEARS, PERUKUNNUPALAVEETTIL, VELLAR,KUTTIERI AMSOM, THALORA PO, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): RESPONDENTS ------------------------- 1. N.V.MOHANAN,S/O.NARAYANAN, VAZHAVALAPPIL HOUSE, OTTAPALA NAGAR, KARIMBAM PO, TALIPARAMBA TALUK, KANNUR DISTRICT, PIN-670 142. 2. UNITED INDIA INSURANCE COMPANY LTD, PAYYANNUR BRANCH, PAYYANNUR PO, KANNUR DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2114 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1648/2004 on the file of Motor Accidents Claims Tribunal, Thalassery. He sustained fracture on both bones of right forearm in a motor accident that occurred on September 28, 2004 at about 5.15 PM. In this appeal he challenges the judgment and award of the Tribunal dated July 17, 2010 awarding a compensation of Rs. 43,300/- for the loss caused to him on account of the injuries sustained by him in the accident. 2. The accident happened while the claimant was riding his motor bike and reached at Kappalam, it dashed against an autorickshaw bearing Reg.No.KL 13/F 9000 driven by the first respondent. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming a compensation of Rs. 1,02,750/-. 3. Respondent No. 1, the owner-cum-driver of the offending MACA.No.2114/2010 2 autorickshaw remained absent before the Tribunal. The second respondent, the insurer of the offending autorickshaw filed a written statement admitting the policy, but denied the liability. 4. PW1 was examined and Exts.A1 to A4 were marked on the side of the claimant before the Tribunal. 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 driving of the offending autorickshaw by first respondent and awarded a compensation of Rs.43,300/- with interest @ 7.5% per annum from the date of petition till realisation and a cost of Rs. 500/-. 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 through the judgment and award of the Tribunal, we felt that even without issuing notice to the respondents, this appeal can be disposed of. 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 MACA.No.2114/2010 3 question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs. 43,300/-. The break up of the compensation awarded is as under : Loss of earning - Rs. 3,000/- Medical exp. - Rs. 18,000/- Bystander exp. - Rs. 800/- Transportation - Rs. 500/- Extra nourishment - Rs. 2,000/- Pain and suffering - Rs.17,000/- Other heads - Rs. 2,000/- 8. Taking into consideration the nature of the injury sustained by the claimant, the period of treatment the claimant has undergone and the fact that he did not suffer any disability due to the injuries sustained, we feel that the compensation awarded by the Tribunal is just and reasonable. It follows that the claimant is not entitled to any enhancement of the compensation and the appeal has to be dismissed. In the result, the appeal is dismissed. No cost. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.2114/2010 4 MACA.No.2114/2010 5 MACA.No.2114/2010 6