IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 MACA.No. 2173 of 2010() ----------------------- OP(MV).1340/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): PETITIONER ------------------------ MUJEEB RAHMAN, AGED 22 YEARS, S/O.ABDU, PARIYAMKANDA HOUSE, PARANKIMOOCHIKKAL, PAPPAI, P.O.CHAPPANANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): 3RD RESPONDENT ----------------------------- THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, UPHILL, MALAPPURAM DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 2173 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 10th day of November, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV) No.1340 of 2002 on the file of the Motor Accidents Claims Tribunal, Manjeri. In this appeal he challenges the judgment and award of the Tribunal dated January 4, 2007 awarding a compensation of Rs.1,13,700/- for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The claimant sustained the following injuries in that motor accident that occurred on March 16, 2002 at about 5.30 p.m. at Valiyaparamba :- 1) Fracture dislocation (L) hip. 2) Fracture shaft of femur. 3) Fracture BB(L) leg. 3. The accident happened while the claimant was travelling in a mini lorry bearing registration No. KL-10/J 2158, and when the vehicle reached at Valiyaparamba, it dashed MACA 2173/2010 2 against another mini lorry bearing registration No.KL-7-N- 2156, as a result of which he sustained the injuries mentioned above. Alleging negligence against 1st respondent, driver of the offending mini lorry bearing registration No.KL-10/J 2158, he filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of Rs.3 lakhs. 4. Respondents 1 and 2, the driver and the owner of the offending mini lorry, remained absent before the Tribunal and they were set ex parte by the Tribunal. The 3rd respondent insurer filed a written statement admitting the policy. Exts.A1 to A9 and Ext.X1 were marked on the side of the claimant. No evidence was adduced by the respondents. On an appreciation of the evidence, the Tribunal found that the accident happened due to negligence of the 1st respondent and awarded a compensation of Rs.1,13,700/- with interest at 6% p.a. from the date of petition till realization. The claimant has come up in appeal challenging the quantum of compensation. 5. Heard learned counsel for the appellant/claimant.On going through the award, we find that even without issuing notice to the respondent, this appeal can be disposed of. MACA 2173/2010 3 Therefore, no notice was issued to the respondent, Insurance Company. 6. The finding of the Tribunal that the accident happened due to the negligence of the 1st respondent/driver of the offending mini lorry 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 Tribunal awarded a total compensation of Rs.1,13,700/-. Break up of the compensation amount awarded is as under:- Transport to hospital : Rs. 500/- Extra nourishment and : Rs. 8,200/- bystander's expenses. Damage to clothing : Rs. 250/- For reviews : Rs. 1,600/- Loss of income for one year : Rs. 18,000/- @ Rs.1,500/-. Medical bills : Rs. 48,949/- For future treatment : Rs. 5,000/- Pain and suffering : Rs. 15,000/- For disability : Rs. 16,200/- ------------------ Total : Rs.1,13,699/- Rounded to : Rs.1,13,700/- ======= 8. Learned counsel for the claimant sought enhancement MACA 2173/2010 4 of the compensation for the disability caused and on other heads. 9. The Tribunal fixed the monthly income of the claimant as Rs.1,500/-, took the percentage of disability as 5%, as certified by the Medical Board in Ext.X1, adopted multiplier of 18, as the claimant was aged 22 at the time of the accident and awarded Rs.16,200/- for the disability caused. Taking into consideration the nature of the injuries sustained and the nature of disabilities caused to him, we feel that the compensation awarded by the Tribunal is just and reasonable. That being so, the claimant is not entitled to any ehnaced compensation. Consequently, the appeal has to be dismissed. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mn.